STEFAN v. MONKEY BAR L.P.


273 A.D.2d 133 (2000)

709 N.Y.S.2d 556

FRANCES STEFAN et al., Appellants, v. MONKEY BAR L.P., Doing Business as MONKEY BAR & RESTAURANT, Respondent.

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

Decided June 20, 2000.


There is no evidence that would permit an inference that the ice or wetness on which plaintiff slipped was created by defendant's employees or had been on the floor of defendant's crowded restaurant for a sufficient length of time to permit defendant's employees to discover and remedy it. It was incumbent on plaintiff to produce such evidence in view of defendant's bar manager's uncontradicted deposition testimony that on the night of the accident there were no complaints...

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