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LOPEZ v. LIMPIEX CLEANING SERVS., INC.

Index No. 26079/17E. Appeal No. 14541. Case No. 2020-02894.

199 A.D.3d 418 (2021)

153 N.Y.S.3d 849

2021 NY Slip Op 06045

Dory Lopez, Appellant-Respondent, v. Limpiex Cleaning Services, Inc., Respondent, and Action Carting Environmental Services, Inc., Respondent-Appellant.

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

Krentsel Guzman Herbert, LLP, New York ( Marcia K. Raicus of counsel), for appellant-respondent.

Chesney, Nicholas & Brower LLP, Syosset ( William Crowe of counsel), for respondent-appellant.

Law Office of James J. Toomey, New York ( Michael J. Kozoriz , of counsel), for respondent.

Concur—Gische, J.P., Mazzarelli, Shulman, Pitt, Higgitt, JJ.

Defendant established its prima facie entitlement to judgment as a matter of law in this action where plaintiff was injured when she slipped and fell on an oil slick on the sidewalk abutting the premises where defendant contracted to provide janitorial services, and the record fails to show that an issue of fact exists as to whether the enumerated exceptions of Espinal v Melville Snow Contrs. (98 N.Y.2d 136 [2002]) extending tort...

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