BATTELLI v. FOX HILL COUNTRY CLUB


2 A.D.3d 555 (2003)

768 N.Y.S.2d 382

SHARON E. BATTELLI, Appellant, v. FOX HILL COUNTRY CLUB, Doing Business as GIORGIOS, Respondent.

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

December 15, 2003.


Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the defendant satisfied its initial burden on the motion for summary judgment by demonstrating through the deposition testimony of its part-time manager and certain restaurant guests that the alleged leak that caused the wet condition upon which the plaintiff fell started only moments before the accident, and that it did not have notice of the condition (see Chemont v Pathmark...

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