DELUNA-COLE v. TONALI, INC.


303 A.D.2d 186 (2003)

754 N.Y.S.2d 643

MARISOL DELUNA-COLE et al., Respondents, v. TONALI, INC., et al., Appellants.

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

Decided March 6, 2003.


The motion was properly denied on the ground that defendants failed to meet their initial burden of establishing lack of notice as a matter of law. The sworn statements of defendants' hostess, that her duties included "walking around the restaurant looking for hazardous conditions" and that the head of the busboys is in charge of cleaning the restaurant, do not adequately describe defendants' floor-cleaning routines, and simply do not address how often or when the passageway...

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