LENNARD v. MENDIK REALTY CORP.


33 A.D.3d 527 (2006)

823 N.Y.S.2d 373

MARGO LENNARD, Respondent, v. MENDIK REALTY CORP. et al., Defendants and Third-Party Plaintiffs-Appellants. CITY OF NEW YORK, Third-Party Defendant-Respondent.

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

Decided October 26, 2006.


It is undisputed that the entire second floor of 330 West 34th Street was leased by the City and occupied by plaintiff's employer, the Department of Human Resources. There is also uncontested evidence that the City maintained and cleaned its own bathrooms and that the building's management had neither actual notice of, nor created, the alleged defect, a loose floor tile in the ladies' room where plaintiff slipped and fell. Moreover, absent any proof that the City ever requested...

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