BURGOS v. ISRAEL DISCOUNT BANK OF NEW YORK/MOC


16 A.D.3d 134 (2005)

791 N.Y.S.2d 27

ROSA BURGOS, Respondent, v. ISRAEL DISCOUNT BANK OF NEW YORK/MOC, Appellant, et al., Defendants. (And a Third-Party Action.)

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

March 3, 2005.


In this personal injury action arising from plaintiff's slip and fall on an oily substance on the floor under the counter where she was serving food, it is undisputed that defendant-appellant neither created the supposedly slippery floor nor had actual or constructive notice thereof. Plaintiff's contention that defendant-appellant created the condition by failing to supply "rubber matting" in areas where food servers and preparers could reasonably be expected to place their...

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