CAMPANELLA v. MARSTAN PIZZA CORPORATION


280 A.D.2d 418 (2001)

720 N.Y.S.2d 501

EILEEN CAMPANELLA, Individually and as Administratrix of the Estate of SHIRLEY KAUFMAN, Deceased, Respondent, v. MARSTAN PIZZA CORPORATION et al., Appellants, and 2575 CENTRAL AVENUE REALTY CORP. et al., Respondents.

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

Decided February 22, 2001.


This is a slip and fall action arising from a claim that Shirley Kaufman, while accompanied by her daughter and administratrix, plaintiff Eileen Campanella, fell at the entrance to a restaurant when her foot caught on a runner in the vestibule. The testimony of the manager and co-owner of the restaurant was that he usually checks the condition of the vestibule every couple of hours, that he did so prior to this fall and that he saw no frayed or curled areas on the runner...

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