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ZEMOTEL v. JELD-WEN, INC.

50 A.D.3d 1586 (2008)

857 N.Y.S.2d 847

PAUL A. ZEMOTEL et al., Respondents, v. JELD-WEN, INC., Doing Business as MR. 2ND'S BARGAIN OUTLET, Doing Business as GROSSMAN'S BARGAIN OUTLET, Appellant and Third-Party Plaintiff-Appellant. THOMAS MICHELS, Individually and Doing Business as SONNY'S SNOWPLOWING AND LAWN SERVICE, Third-Party Defendant-Respondent.

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

Decided April 25, 2008.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action seeking damages for injuries sustained by Paul A. Zemotel (plaintiff) when he slipped and fell on ice beneath a puddle of water in the back lot of a store owned by defendant and third-party plaintiff (hereafter, Jeld-Wen). Supreme Court properly denied Jeld-Wen's cross motion for summary judgment dismissing the complaint...

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