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WALTERS v. COLLINS BUILDING SERVICES, INC.

57 A.D.3d 446 (2008)

LORI BETH WALTERS, Respondent, v. COLLINS BUILDING SERVICES, INC., Defendant, and AMERICAN BUILDING MAINTENANCE CO., et al., Appellants. AMERICAN BUILDING MAINTENANCE CO., Third-Party Plaintiff-Appellant, v. TRAMMELL CROW SERVICES, INC., Third-Party Defendant-Appellant.

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

December 30, 2008.

Defendants established prima facie that they neither created nor had actual or constructive notice of the wet floor of the women's restroom on which plaintiff allegedly slipped and fell (see Smith v Costco Wholesale Corp., 50 A.D.3d 499, 500-501 [2008]). American Express employees' testimony and Trammell's activity reports demonstrated that American Express was not responsible for cleaning...

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