YAGER v. ADLER


259 A.D.2d 267 (1999)

686 N.Y.S.2d 33

LAURA YAGER, Appellant, v. WILLIAM ADLER, Individually and as General Partner in Bryant Associates, et al., Respondents.

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

Decided March 2, 1999.


Plaintiff was knocked sideways into a fence surrounding a portion of the unlicensed outdoor café owned and controlled by defendant Bagel Café. The incident was precipitated by a pedestrian who was coming from the opposite direction and who collided with plaintiff on a crowded sidewalk inadvertently pushing her into the fence. The pedestrian is not a party to this action. We disagree with the IAS Court that the fence might have tended to soften plaintiff's fall,...

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