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O'NEAL v. SERVICEMASTER COMPANY/SERVICEMASTER, INC.

22 A.D.3d 356 (2005)

802 N.Y.S.2d 164

VIDA O'NEAL et al., Appellants, v. SERVICEMASTER COMPANY/SERVICEMASTER, INC., Respondent.

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

October 18, 2005.

No issues of fact exist as to whether defendant, which was under contract with plaintiff's employer, a hospital, to perform housekeeping management services, created the alleged dangerous condition that caused plaintiff's fall, or had notice thereof. There is no evidence that a maintenance employee actually mopped the floor before plaintiff's accident (see Sanchez v. Delgado Travel Agency, 279 A.D.2d 623...

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