SALERNO v. STREET RETAIL, INC.


38 A.D.3d 515 (2007)

831 N.Y.S.2d 265

MONIQUE SALERNO, Appellant, v. STREET RETAIL, INC., et al., Defendants, and RKO CENTURY WARNER THEATRES, INC., et al., Respondents.

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

Decided March 6, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly slipped while she was descending a carpeted staircase at the Cineplex Odeon Fresh Meadows movie theater complex in Queens. She stated in her deposition that she had been to that theater in the past and had previously used the same stairway, under the same conditions, without any difficulty. She further asserted that on the day...

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