TOBOLA v. 123 WASH., LLC

Index No. 152130/18. Appeal No. 13994. Case No. 2020-03085.

195 A.D.3d 456 (2021)

149 N.Y.S.3d 64

2021 NY Slip Op 03537

Paul Tobola, Appellant-Respondent, v. 123 Washington, LLC, et al., Respondents-Appellants, et al., Defendants.

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

Decided June 3, 2021.


Attorney(s) appearing for the Case

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

Law Office of James Toomey, New York ( Evy Kazansky of counsel), for respondents-appellants.

Concur—Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Oing, JJ.


On January 8, 2018, at about 2:00 a.m., plaintiff was walking through the fifth-floor lobby of the W New York Downtown Hotel, located at 123 Albany Street in Manhattan, where he was staying, when he slipped and fell on a puddle of water and cleaning solution that had been poured onto the black marble tile floor by a housekeeper.

Defendant 123 Washington owned the building and leased the premises to defendant W Hotel, and defendant (not a party to this appeal) Starwood...

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