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FUNT v. SAUL RUBINSTEIN TRUST

259 A.D.2d 518 (1999)

686 N.Y.S.2d 111

ESTA FUNT et al., Appellants, v. SAUL RUBINSTEIN TRUST, Defendant, and ODESSA RESTAURANT, Respondent.

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

Decided March 8, 1999.

Ordered that the order is affirmed, with costs.

The plaintiff Esta Funt slipped and fell while she was dancing on a dance floor in the defendant Odessa Restaurant. The plaintiffs contend that they need not prove notice in this case because Odessa Restaurant created the alleged hazardous condition. We disagree.

The evidence submitted by Odessa Restaurant made out a prima facie case that it did not create the alleged hazardous condition which caused Esta Funt...

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