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FAMA v. CITYSPIRE, INC.

4445, 105370/07, 4445A, 590354/08, 588.

87 A.D.3d 416 (2011)

928 N.Y.S.2d 277

2011 NY Slip Op 6185

GARY FAMA et al., Respondents, v. CITYSPIRE, INC., et al., Appellants, et al., Defendants. CITYSPIRE, INC., et al., Third-Party Plaintiffs-Appellants, v. GLOBEOP FINANCIAL SERVICES LLC, Third-Party Defendant-Respondent.

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

Decided August 4, 2011.

Plaintiff Gary Fama slipped and fell on wet paper towels in the men's bathroom of premises leased by his employer, third-party defendant GlobeOp, owned by defendant Cityspire and managed by defendant Tishman. Defendant Cityspire had retained OneSource to provide cleaning services. Dismissal of the complaint on the basis that defendants Cityspire and Tishman were out of possession landlords or lacked either actual or constructive notice of the hazardous condition was properly...

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