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LOPEZ v. NEW YORK LIFE INSURANCE COMPANY

105737/07, 590643/08, 5639, 5640, 5641

90 A.D.3d 446 (2011)

934 N.Y.S.2d 136

2011 NY Slip Op 8813

BERNARDO LOPEZ, Respondent, v. NEW YORK LIFE INSURANCE COMPANY et al., Respondents-Appellants. NEW YORK LIFE INSURANCE COMPANY, Third-Party Plaintiff-Respondent-Appellant, v. JONES LANG LASALLE AMERICAS, INC., Third-Party Defendant-Appellant-Respondent.

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

Decided December 8, 2011.

Plaintiff allegedly slipped in a large puddle of water that appeared to be flowing out from under a locked men's room door in a building owned by NYL, managed by JLL, and for which Collins provided janatorial services. The evidence submitted by NYL, Collins and JLL was insufficient to establish as a matter of law that they did not have constructive notice of the hazard. In particular, they failed to provide evidence regarding the inspection procedures followed on the date...

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