WIDAWSKI v. 217 ELIZABETH STREET CORP.


40 A.D.3d 483 (2007)

838 N.Y.S.2d 496

JERZY WIDAWSKI, Appellant, v. 217 ELIZABETH STREET CORP., Respondent, et al., Defendants.

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

Decided May 24, 2007.


Until it went out of business, defendant LaRosa Baking Corp. (LaRosa Baking) operated a bakery in premises owned by 217 Elizabeth. Thereafter, LaRosa Baking conducted an equipment sale at which plaintiff's employer purchased an eight-foot-tall bakery mixer. On March 27, 2003, plaintiff was sent by his employer to remove the mixer, which was bolted to the floor of the premises. There is evidence in the record that the floor was quite slippery with flour and debris strewn about...

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