BRANHAM v. LOEWS ORPHEUM CINEMAS, INC.


31 A.D.3d 319 (2006)

819 N.Y.S.2d 250

LOTTIE BRANHAM, Respondent, v. LOEWS ORPHEUM CINEMAS, INC., Appellant, et al., Defendants.

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

July 27, 2006.


On January 11, 1998 plaintiff Lottie Branham went to see the movie "Titanic" with her friend Isadora Mulzac at the Loews Cinema at 86th Street in Manhattan. At some point during the film, plaintiff left the theater to use the restroom. As she left the theater by the center aisle, she did not observe anyone walking, sitting or standing in the aisle. Plaintiff testified at her deposition that she was gone from the theater for seven or eight

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