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MacLEOD v. PETE'S TAVERN, INC.

87 N.Y.2d 912 (1996)

663 N.E.2d 905

640 N.Y.S.2d 864

Ruth MacLeod, Respondent, v. Pete's Tavern, Inc., Doing Business as Pete's Tavern, et al., Appellants, and Lillian Troy et al., Respondents.

Court of Appeals of the State of New York.

Decided January 16, 1996.

Attorney(s) appearing for the Case

Cyperstein & Gerstner, New York City (Fredda Siegel and Barbara M. Berk of counsel), for appellants.

Wagner, Davis & Gold, P. C., New York City (Bonnie Reid Berkow of counsel), for Ruth MacLeod, respondent.

Paul A. Crotty, Corporation Counsel of New York City (Ellen B. Fishman of counsel), for City of New York, respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, defendant Pete's Tavern's motion for summary judgment granted, and the complaint and all cross claims against Pete's Tavern dismissed. The certified question should be answered in the negative.

In May 1991, plaintiff Ruth MacLeod sustained injuries when she slipped and fell on the sidewalk in front of the restaurant...

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