Legal Opinion

Walters v. Collins Building Services, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 2008PublishedCited by 2 opinions

1Opinion of the Court

Defendants established prima facie that they neither created nor had actual or constructive notice of the wet floor of the women’s restroom on which plaintiff allegedly slipped and fell (see Smith v Costco Wholesale Corp., 50 AD3d 499, 500-501 [2008]). American Express employees’ testimony and Trammell’s activity reports demonstrated that American Express was not responsible for cleaning the restrooms, that its agents, ABM and Trammel, routinely attended to maintenance matters of which they were made aware, and that none of these parties had knowledge of a plumbing problem in that restroom on…

2Cases cited3 opinions

  1. Smith v. Costco Wholesale Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Guttierez v. Lenox Hill Neighborhood House, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  3. McFadden v. 530 Fifth Avenue RPS III Associates, LPAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by2 opinions

  1. Warner v. Continuum Health Care Partners, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Warner v. Continuum Health Care Partners, Inc.Appellate Division of the Supreme Court of the State of New York · 2012

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