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METE v. GMRI, INC.

41 A.D.3d 123 (2007)

836 N.Y.S.2d 609

DEBORAH METE, Appellant, v. GMRI, INC., et al., Respondents.

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

Decided June 5, 2007.

Defendant failed to establish that there is no triable issue as to whether it created the alleged hazard (see Kesselman v Lever House Rest., 29 A.D.3d 302 [2006]). Indeed, the evidence indicates that plaintiff slipped and fell twice while being led to her table through a part of defendant's restaurant close to a "service bar" equipped with an ice machine and soda dispenser, and near a sink and coffee maker. The evidence also shows...

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