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DAKERS v. BFP TOWER C CO., LLC

157706/15. Appeal No. 16295. Case No. 2021-04231.

208 A.D.3d 1128 (2022)

176 N.Y.S.3d 19

2022 NY Slip Op 05369

Evette Dakers et al., Respondents, v. BFP Tower C Co., LLC, et al., Defendants, and ABM Janitorial Services-Northeast, Inc., Appellant.

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

Decided September 29, 2022.

Attorney(s) appearing for the Case

Jeffrey Samel & Partners, New York (Robert G. Spevack of counsel), for appellant.

Alan H. Figman, PLLC, New York (Alan H. Figman of counsel), for respondents.

Concur— Acosta, P.J., Mazzarelli, Gesmer, González, Pitt, JJ.

Plaintiff testified that she was injured when she slipped and fell on a metal grate near an escalator at the Brookfield Place Center in Manhattan. According to plaintiff, she was injured because dust from a demolition/construction project at the premises combined with moisture tracked into the building by pedestrians during a rainstorm created a slippery paste on the floor. Surveillance cameras at the premises recorded the accident...

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