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DANIEL v. J.L.M. CONSULTING CORP.

22 A.D.3d 455 (2005)

803 N.Y.S.2d 653

NOAH DANIEL DUNITZ, Respondent, v. J.L.M. CONSULTING CORP., Doing Business as JACKSON'S STEAKHOUSE, Defendant, and CHESTER LeBARON, Appellant.

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

October 3, 2005.

Ordered that the order is affirmed, with costs.

The plaintiff, a wheelchair-bound patron at Jackson's Steakhouse, allegedly was injured when he fell off the edge of a concrete, semi-circular step as he was exiting the restaurant through a lobby. The plaintiff commenced this action against the appellant, the owner of the building and the restaurant, which leased the premises. The appellant moved for summary judgment dismissing the complaint insofar as asserted against...

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