AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges

VIDA O'NEAL et al., Appellants, v. SERVICEMASTER COMPANY/SERVICEMASTER, INC., Respondent.

No issues of fact exist as to whether defendant, which was under contract with plaintiff's employer, a hospital, to perform housekeeping management services, created the alleged dangerous condition that caused plaintiff's fall, or had notice thereof. There is no evidence that a maintenance employee actually mopped the floor before plaintiff's accident ( see Sanchez v. Delgado Travel Agency, 279 AD2d 623, lv denied 96 NY2d 711; see also Loschiavo v. Port Auth. of N.Y. N.J., 58 NY2d 1040, affg 86 AD2d 624), or even that the alleged soapy substance on the floor emanated from cleaning activity. Indeed, plaintiff, a scrub nurse, testified that scrub sinks lined the hallway she walked through in order to reach the entrance to the nurse's on-call room, where she fell. Thus, the soapy substance could well have been tracked into the area by another nurse. Plaintiff's claim that it was created by defendant's negligent maintenance of the floor being entirely speculative, summary judgment was properly granted in defendant's favor ( see Zuckerman v. City of New York, 49 NY2d 557, 562).

Use AI to get other relevant cases.

Comments

O'NEAL v. SERVICEMASTER
(Oct 18, 2005)