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WYCKOFF v. JUJAMCYN THEATERS, INC.

11 A.D.3d 319 (2004)

784 N.Y.S.2d 26

GERALD WYCKOFF et al., Appellants-Respondents, v. JUJAMCYN THEATERS, INC., et al., Respondents, and DAMOND A. DEL-BELLO, M.D., Respondent-Appellant, et al., Defendants.

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

October 19, 2004.

The IAS court properly dismissed the action as against the theater based on (1) plaintiff's testimony which fails to identify any reason which can be related to any negligent act or omission of defendant theater which proximately caused him to fall or suffer injuries; (2) the undisputed testimony of its house manager that she was unaware of any violations ever having been issued to the theater, or of any complaints or similar accidents involving steps on the theater's mezzanine...

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