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THOMASSEN v. J & K DINER

152 A.D.2d 421 (1989)

Jane Thomassen, Appellant, v. J & K Diner, Inc., Doing Business as Concord Restaurant-Diner, et al., Respondents. (And a Third-Party Action.)

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

December 18, 1989

Attorney(s) appearing for the Case

Martin Hurwitz (Edwin L. Whitman of counsel), for appellant.

J. Russell Clune, P. C. (Vincent J. Aceste of counsel), for respondents.

KOOPER and SULLIVAN, JJ., concur with KUNZEMAN, J. P.; BALLETTA, J., dissents in a separate opinion.

KUNZEMAN, J. P.

Where a member of the general public, having been invited into a place of public assembly, is injured while using a staircase improperly constructed by an independent general contractor, may vicarious liability be imposed upon the owner of the business and upon the owner of the land upon which the business is located based on the nondelegable duty of the owners to provide the public with a reasonably...

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