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KEENAN v. CHRISTIE'S INC.

Index Nos. 154986/16, 595016/17. Appeal No. 12690. Case No. 2020-01581.

189 A.D.3d 622 (2020)

139 N.Y.S.3d 146

2020 NY Slip Op 07706

James Keenan, Appellant, v. Christie's Inc. et al., Respondents. Christie's Inc., Third-Party Plaintiff-Respondent, v. Cushman & Wakefield, Inc., Third-Party Defendant-Respondent.

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

Decided December 22, 2020.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco LLP, New York ( Brian J. Isaac of counsel), for appellant.

Ahmuty, Demers & McManus, Albertson ( Glenn A. Kaminska of counsel), for RCPI Landmark Properties, L.L.C., respondent.

Varvaro, Cotter & Bender, White Plains ( Gregory Walthall of counsel), for Christie's Inc., respondent.

Shaub, Ahmuty, Citrin & Spratt LLP, Lake Success ( Sofya Uvaydov of counsel), for Cushman & Wakefield, Inc., respondent.

Concur—Friedman, J.P., Renwick, Singh, Kennedy, Shulman, JJ.

Defendants established that they neither created the slippery or wet condition in the mechanical room where plaintiff's accident occurred nor had actual or constructive notice of it (see generally Rosario v Prana Nine Props., LLC, 143 A.D.3d 409, 410 [1st Dept 2016]). Specifically, as for constructive notice, the testimony of defendants' witnesses established that they were unaware of any complaints concerning a slippery condition...

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