Calabrese v. Mayore Estates

NEW YORK COUNTY
Torts

New York Law Journal

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Justice Joan Kenney

Defendants moved for dismissal of a personal injury complaint. Movant also sought summary judgment against Continental Business Services (CBS) on its claims for common law indemnification. Calabrese sustained injuries when she slipped in the lobby of 22 Cortlandt St., alleging the water she slipped on was not water from her own shoes, but tracked in and left there from others entering the building. She asserted Mayore Estates had actual notice from a co-worker, Ramos, that the floor was wet as Ramos stated she slipped on the same marble floor earlier that morning and mentioned it to "the gentleman working behind the desk in the lobby." CBS argued indemnification must be denied as Mayore could not establish that CBS was responsible for the alleged dangerous condition purportedly causing the injuries. The court noted the parties disputed whether defendants received actual notice of the purported condition—Calabrese alleged Mayore had actual notice, while Mayore claimed it received no such notice and that Calabrese's injuries were caused by water from her own shoes. Also, as CBS rebutted Mayore's claims for indemnification, denial of the motions was warranted.

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