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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