McNALLY v. EAST TWINS ENTERPRISES, INC.


19 A.D.3d 152 (2005)

796 N.Y.S.2d 595

DANIEL McNALLY, Appellant, v. EAST TWINS ENTERPRISES, INC., Doing Business as THE STAR, et al., Respondents.

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

June 7, 2005.


While plaintiff was patronizing defendant East Twins' restaurant, he allegedly suffered injury when he tripped and fell on a step in a restroom in the building where the restaurant was located. Defendant Bruce Slovin, the building's owner, made the restroom available for the use of the customers of his tenants in the building, including East Twins. We affirm the grant of summary judgment to East Twins based on its uncontroverted showing that it had no control over the restroom...

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