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TAMHANE v. CITIBANK, N.A.

61 A.D.3d 571 (2009)

877 N.Y.S.2d 78

RAVINDRA TAMHANE et al., Respondents-Respondents, v. CITIBANK, N.A., Respondent-Appellant, ANTONIA GIBNEY CAMPBELL, as Executrix of FREDRIC J. WARMERS, Deceased, Appellant, and TEMCO SERVICE INDUSTRIES, INC., Appellant-Respondent, et al., Defendant. (And a Third-Party Action.) CITIBANK, N.A., Second Third-Party Plaintiff-Respondent-Appellant, v. ONE SOURCE FACILITY SERVICES, INC., Second Third-Party Defendant, and TEMCO SERVICE INDUSTRIES, INC., Second Third-Party Defendant-Appellant-Respondent. TEMCO SERVICE INDUSTRIES, INC., Third Third-Party Plaintiff-Appellant-Respondent, v. L.I.S.R., INC., Third Third-Party Defendant-Respondent-Appellant. CITIBANK, N.A., Fourth Third-Party Plaintiff-Respondent-Appellant, v. TEMCO BUILDING MAINTENANCE, INC., Fourth Third-Party Defendant-Appellant-Respondent.

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

Decided April 23, 2009.

Plaintiff slipped at or close to the entranceway to the East Meadow branch of Citibank on Saturday morning March 4, 2006 on what he claimed was a transparent bit of ice. There was no visible snow or ice in the parking lot or near the entrance where he slipped.

Plaintiff and his wife sued Citibank and Citibank then served a third-party complaint against Temco, its general maintenance and custodial services contractor. Plaintiffs then amended their complaint to cross...

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