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GARCIA v. MACK-CALI REALTY CORPORATION

52 A.D.3d 420 (2008)

861 N.Y.S.2d 26

CARMEN GARCIA et al., Respondents, v. MACK-CALI REALTY CORPORATION et al., Respondents-Appellants, MATTHEW AND TONY GENERAL LANDSCAPING, INC., Respondent-Respondent, and ANTONIO GRECO, INC., Doing Business as TG LANDSCAPING, INC., Appellant-Respondent.

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

Decided June 26, 2008.

Plaintiff Garcia was injured when she slipped and fell on a patch of ice in the parking lot of Mack-Cali's office complex. Mack-Cali contracted with M & T to perform snow removal at the location, and M & T subcontracted such work to AGI. The record establishes that triable issues of fact exist regarding whether Mack-Cali retained a measure of control over the snow removal operations it contracted out to M & T. The contract between Mack-Cali and M & T was not...

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