WRUBEL v. ROSE BOUTIQUE II, INC.


13 A.D.3d 264 (2004)

787 N.Y.S.2d 263

EVELYN WRUBEL et al., Respondents v. ROSE BOUTIQUE II, INC., et al., Appellants-Respondents, and KOSTAS & MICHAEL REALTY CORP., Respondent-Appellant.

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

December 21, 2004.


Plaintiff alleges injury from a fall down an interior stairway leading from the ground floor to the basement in property owned by defendant Kostas & Michael Realty and leased to defendant Rose Boutique, which operated a flower shop on the premises. Plaintiff had selected some plants at the store and handed them to a clerk at the counter, where she inquired about birthday balloons. She was directed to some shelves on the opposite wall, which were adjacent to an open stairway...

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