KESSELMAN v. LEVER HOUSE RESTAURANT


29 A.D.3d 302 (2006)

816 N.Y.S.2d 13

ARLENE KESSELMAN et al., Appellants, v. LEVER HOUSE RESTAURANT, Respondent.

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

May 2, 2006.


On October 31, 2003, plaintiff Arlene Kesselman, her husband and another couple, the Milsteins, were dining at defendant restaurant. Shortly after the main course, she and Mrs. Milstein proceeded to the restroom together, with Mrs. Milstein walking in front of this plaintiff. To get to the restroom, patrons had to walk down a large hallway. The hallway floor was dark, wide and shiny. Runners (carpets with rubber backing) had been placed on the floor but did not cover the...

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