KANE v. ESTIA GREEK RESTAURANT, INC.


4 A.D.3d 189 (2004)

772 N.Y.S.2d 59

SYBIL KANE, as Administratrix of the Estate of DAVID KANE, Deceased, Respondent, v. ESTIA GREEK RESTAURANT, INC., et al., Appellants.

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

February 19, 2004.


The 72-year-old decedent of plaintiff, having consumed two glasses of wine at lunch, and then, as a wine consultant, having conducted an evening wine tasting at which he sampled three wines, and, afterward, having entered defendant's premises where he ordered a scotch on the rocks, fell in the vicinity of a staircase when he proceeded to the bathroom. He frequented this establishment several times a week, was familiar with the staircase, and had not previously been aware...

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