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COLLINS v. FASHION MALL PARTNERS, L.P.

299 A.D.2d 219 (2002)

749 N.Y.S.2d 143

JOHN COLLINS, Plaintiff, v. FASHION MALL PARTNERS, L.P., Respondent and Third-Party Plaintiff-Respondent, et al., Defendant. ANTHONY COLLINS PLUMBING AND HEATING, Third-Party Defendant-Respondent, et al., Third-Party Defendant. FASHION MALL PARTNERS, L.P., Second Third-Party Plaintiff-Respondent, v. AURORA CONTRACTORS, INC., Second Third-Party Defendant. FASHION MALL PARTNERS, L.P., Third Third-Party Plaintiff-Respondent, v. EXPRESS, INC., et al., Third Third-Party Defendants-Respondents, and CNA INSURANCE COMPANY, Third Third-Party Defendant-Appellant, et al., Third Third-Party Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 14, 2002.

Plaintiff's unequivocal testimony establishes that he was performing work on a job connected to the space leased by respondent store. The only countervailing testimony was that of plaintiff's employer, who claimed that plaintiff must have been working at another store in the mall because, after searching its records for the month in which the accident occurred, it could only find a contract for the other store. Absent further details...

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