PAPOTERS v. 40-01 NORTHERN BLVD. CORP.


11 A.D.3d 368 (2004)

783 N.Y.S.2d 555

RAFAEL PAPOTERS et al., Appellants, v. 40-01 NORTHERN BLVD. CORP., Doing Business as and/or Known as TEQUILA SUNRISE RESTAURANT, et al., Respondents.

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

October 21, 2004.


Plaintiff asserts that the first time he went down the stairs to go to the bathroom, he did not notice anything on the steps, but he did see liquid nearby on the floor landing at the top of the stairs, and reported it to a restaurant employee. When plaintiff went down the stairs a second time some 45 to 60 minutes later, he did not look at the floor to see if it was still wet, but he did look down at the first step and saw nothing. The restaurant's witnesses confirmed that...

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