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ADAMS v. HILTON HOTELS, INC.

4 A.D.3d 232 (2004)

772 N.Y.S.2d 64

CINDY ADAMS, Individually and as Executrix of JOEY ADAMS, Deceased, Respondent, v. HILTON HOTELS, INC., et al., Appellants. (And a Third-Party Action.)

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

February 24, 2004.

The decedent, then 87 years old, while walking along a narrow passageway between the rear edge of an elevated dais and a tier of tables, fell over the edge of the dais and five feet down to the floor. A triable issue of fact exists as to whether the alleged absence of a guardrail or other protective device at the edge of the dais created an unreasonably dangerous condition that contributed to the decedent's injuries. The fact that...

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