GRASSI v. SEA SHORE RESTAURANT


2 A.D.3d 222 (2003)

768 N.Y.S.2d 315

PERRY GRASSI, Respondent, v. SEA SHORE RESTAURANT, Appellant.

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

December 11, 2003.


The trial evidence showed that plaintiff fell, sustaining injuries, when he slipped as he attempted to step from a steeply inclined ramp onto a deck at defendant restaurant. Contrary to defendant's arguments, the evidence, fairly considered (see Nicastro v Park, 113 A.D.2d 129, 134 [1985]), permitted the jury to conclude that defendant had not properly maintained the ramp and that this failure alone proximately caused plaintiff's...

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