RIVERO v. SPILLANE ENTERPRISES, CORP.

2011-08184.

95 A.D.3d 984 (2012)

943 N.Y.S.2d 235

2012 NY Slip Op 3622

RENY RIVERO, Respondent, v. SPILLANE ENTERPRISES, CORP., Doing Business as McDONALD'S RESTAURANT, Appellant.

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

Decided May 8, 2012.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

At approximately 9:40 P.M. on May 5, 2009, the plaintiff allegedly was injured at a McDonald's Restaurant on Staten Island owned by the defendant. Specifically, the plaintiff had purchased a yogurt at the counter and asked the counter worker where the restroom was located. The worker pointed to the direction of the restroom...

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