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HERNANDEZ v. BP AMERICA, INC.

2013-09773

123 A.D.3d 1095 (2014)

1 N.Y.S.3d 235

2014 NY Slip Op 09108

JOSE HERNANDEZ, Appellant, v. BP AMERICA, INC., et al., Defendants/Third-Party Plaintiffs-Respondents. SPRAGUE ENERGY CORP., Third-Party Defendant-Respondent, et al., Third-Party Defendants.

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

Decided December 31, 2014.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly slipped and fell when he stepped on a yellow line painted on the ground of premises owned by the defendants/third-party plaintiffs. It was raining when the accident occurred. The defendants/third-party plaintiffs established their prima facie entitlement to judgment as a matter of law by demonstrating that they did not create the alleged hazardous condition or have actual...

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