AGOSTO v. 30TH PLACE HOLDING, LLC

2756, 18408/06

73 A.D.3d 492 (2010)

901 N.Y.S.2d 593

CELESTINA AGOSTO, Respondent, v. 30TH PLACE HOLDING, LLC, et al., Defendants, and A.R. EQUIPMENT, LLC, Appellant.

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

Decided May 11, 2010.


Plaintiff claims she was injured when she tripped and fell on the lobby floor in the building where she worked. Six weeks before the accident, defendant building owner had retained defendant-appellant (herein defendant) to remove the tiles from the lobby floor. Under the contract, defendant was required only to remove the tiles from the floor and was not responsible for refinishing the floor. In support of its motion for summary judgment, defendant showed that it completed...

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