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ROGERS v. SPIRIT CRUISES

195 Misc.2d 335 (2003)

760 N.Y.S.2d 280

CECELIA ROGERS, Appellant, v. SPIRIT CRUISES, INC., Doing Business as THE SPIRIT OF NEW YORK, et al., Respondents.

Supreme Court, Appellate Term, First Department.

March 5, 2003.

Attorney(s) appearing for the Case

Mann & Bent, P.C., White Plains (Emily C.F. Mann and Francis B. Mann, Jr., of counsel), for appellant.

Rivkin Radler LLP, Uniondale (Evan H. Krinick, Cheryl F. Korman and Stuart M. Bodoff of counsel), for Chelsea Piers, L.P., respondent.

SUAREZ, P.J., and McCOOE, J., concur; GANGEL-JACOB, J., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Order dated February 1, 2002 affirmed, with $10 costs.

Plaintiff sues to recover damages for injuries allegedly sustained when, on a "clear" September afternoon in 1997, she tripped and fell while attempting to step over a pile of garbage bags located on a pier leased by defendant Chelsea Piers, L.P. The undisputed record evidence shows that plaintiff, while on her routine...

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