DESTELHORST v. ATLANTIC DETROIT DIESEL ALLISON, LLC


23 A.D.3d 901 (2005)

804 N.Y.S.2d 128

BRADLEY DESTELHORST et al., Appellants, v. ATLANTIC DETROIT DIESEL ALLISON, LLC, Respondent.

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

November 17, 2005.


Mugglin, J.

Plaintiff Bradley Destelhorst (hereinafter plaintiff) and his wife, derivatively, brought this action claiming that defendant created a one foot in diameter puddle of motor oil on the garage floor at Nova Bus Company (plaintiff's employer) in which he slipped and was injured. Defendant moved for summary judgment and met its initial burden of establishing that it "`neither created the condition nor had actual or constructive notice of the condition'" (...

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