MORRIS v. JOHN HANCOCK MUTUAL LIFE INS

The untimely filing of the motion was properly excused in view of the parties' settlement negotiations ( see, Acosta v. 888 7th Ave. Assocs., 248 A.D.2d 284). On the merits, plaintiffs theory that defendant's cleaning procedures were inadequate to address an ongoing and dangerous condition is not supported by any evidence other than the existence of grease spots necessarily incidental to the use of a loading dock for delivery trucks ( see, Mercer v. City of New York, 223 A.D.2d 688, 691, affd on other grounds 88 N.Y.2d 955). The uncontradicted evidence of defendant's cleaning procedures is not met with any evidence tending to show that such procedures were unreasonable.

Concur — Rosenberger, J.P., Tom, Rubin, Saxe and Buckley, JJ.