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MENKIN v. AAA SUPERIOR PEST CONTROL, LLC

8318, 109931/09.

99 A.D.3d 571 (2012)

952 N.Y.S.2d 192

2012 NY Slip Op 6898

ARKADY MENKIN, Appellant, v. AAA SUPERIOR PEST CONTROL, LLC, Respondent, et al., Defendants.

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

October 16, 2012.

The motion court erred in dismissing the complaint as against AAA, in this action where plaintiff allegedly slipped and fell on "yellow granules" of pest bait on the floor of the locker room in the sub-basement of the building in which he worked; AAA, a pest-control services company, serviced the building. The record shows that a triable issue of fact exists as to whether AAA failed "to exercise reasonable care in the performance...

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