Opinion
March 25, 1999
Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).
Issues of fact exist as to whether the allegedly hazardous condition of the floor preexisted the commercial tenant's occupancy and whether such condition was the result of the negligent application of wax, raised by the tenant's deposition testimony that it had the floor bleach-washed the day before the accident in order to remove preexisting finish that made the floor slippery.
Concur — Rosenberger, J. P., Tom, Wallach and Mazzarelli, JJ.