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LOGIUDICE v. SILVERSTEIN PROPERTIES, INC.

48 A.D.3d 286 (2008)

851 N.Y.S.2d 187

CARL LOGIUDICE, Respondent, v. SILVERSTEIN PROPERTIES, INC., et al., Appellants and Third-Party Plaintiffs. AMERICAN BUILDING MAINTENANCE, CO., Third-Party Defendant-Appellant.

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

Decided February 14, 2008.

Summary judgment dismissing the complaint is not warranted even assuming, in favor of defendants building owner and management company, that they did not have notice of any defect in the allegedly "curled-up" rain mat over which plaintiff, an employee of third-party defendant building maintenance contractor, tripped upon arriving for work in the early morning, and that fault for the accident can be ascribed only to third-party defendant...

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