JUDITH GISCHE, Judge.
This is a personal injury action by plaintiff Nishelle Miles ("Miles" or plaintiff) arising from a slip and fall. Defendant Twenty Ones Incorporated d/b/a 40/40 Club (the "Club" or defendant") now moves for summary judgment against plaintiff. Plaintiff opposes the instant motion.
Issue has been joined and since the motion was brought timely after the note of issue was filed, it will be considered on its merits. CPLR § 3212;
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