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QUINONES v. 27 THIRD CITY KING REST., INC.

198 A.D.2d 23 (1993)

603 N.Y.S.2d 130

Rosalind Quinones, Respondent, v. 27 Third City King Restaurant, Inc., Doing Business as Dynasty Restaurant, Respondent, and Edward Gabay et al., Doing Business as Gabay and Ameri, Appellants

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

November 4, 1993

The plaintiff's complaint alleges that she fell and suffered personal injuries while leaving the defendant-respondent's restaurant when her heel became caught in a crack or defect in a step located inside the restaurant. Plaintiff's affidavit stated that the step had a "plastic like" covering on it which "had apparently been worn out and was rutted with pits and holes". The bill of particulars included photographs taken of the step depicting the area where plaintiff's heel...

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