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BERNSTEIN v. CROWNE PRINCESS CLUB

267 A.D.2d 174 (1999)

700 N.Y.S.2d 812

PHYLLIS BERNSTEIN et al., Respondents, v. CROWNE PRINCESS CLUB, Defendant, and GOGO TOURS, INC., et al., Appellants.

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

Decided December 28, 1999.

The complaint states a cause of action against appellants for negligence (cf., Passero v DHC Hotels & Resorts, 981 F.Supp. 742, 744). Whether appellants' presence at the hotel through the counter was such as to make them aware of the danger, and whether the danger was such as not to be readily discoverable by plaintiff, are issues of fact that cannot be addressed before joinder of issue (CPLR...

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