ROSE v. DA ECIB USA


259 A.D.2d 258 (1999)

686 N.Y.S.2d 19

ARDEN ROSE, Appellant, v. DA ECIB USA, Doing Business as BICE RESTAURANT, Respondent.

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

Decided March 2, 1999.


This action arises out of a slip and fall in a restaurant. On the evening of April 5, 1991, plaintiff Arden Rose and her dining companion, Thomas O'Brien, were dining at defendant's establishment, Bice, an Italian restaurant in midtown Manhattan. When they finished dinner, plaintiff went to the restroom while Mr. O'Brien paid the check and waited for her in the bar area. Unlike the dining area, which was carpeted, the bar area had a smooth wooden floor. During the 15 minutes...

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