Acevedo v. York International Corp.

Andrias, J.P., dissents

in a memorandum as follows: Because plaintiff has presented sufficient evidence, albeit circumstantial, that defendant’s employees left oil on the floor in the vicinity of plaintiffs fall, I would affirm the denial of defendant’s motion for summary judgment.

Plaintiff was allegedly injured when he slipped on oil and fell down a set of stairs in the engine room where defendant’s employees had been observed working on the building’s air-conditioning system. Although some of the plaintiffs submissions contained hearsay, including his statement that his coworker Rory Toner…