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FRANKLIN v. OMNI SAGAMORE HOTEL

5 A.D.3d 348 (2004)

772 N.Y.S.2d 534

MARY E. FRANKLIN, Respondent, v. OMNI SAGAMORE HOTEL, Defendant and Third-Party Plaintiff-Respondent-Appellant. NORTHERN EXHAUST CLEANERS, Third-Party Defendant-Appellant-Respondent.

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

March 1, 2004.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Contrary to the contention of the defendant hotel, material questions of fact exist with respect to whether it created the dangerous, wet condition with its cleaning solution (see Overton v Leisure Time Recreation, 280 A.D.2d 655 [2001]; cf. Breuer v Wal-Mart...

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