VERA v. DANCE SPACE CTR., INC.

1236, 17627/04

66 A.D.3d 554 (2009)

887 N.Y.S.2d 84

2009 NY Slip Op 7488

JEANETTE VERA, Respondent, v. DANCE SPACE CENTER, INC., Defendant, and WARREN LESHEN, as Trustee Under Warren Leshen Revocable Trust of 1994, et al., Appellants.

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

Decided October 22, 2009.


Plaintiff alleged that she was injured when, while participating in a dance class run by defendant Dance Space Center, Inc. (DSC), she tripped and fell over rubber mats covering an area of uneven flooring. The rubber mats had been placed on the floor by DSC, and plaintiff maintained that both the mats and the uneven floor contributed to her fall.

Appellants established their prima facie entitlement to judgment as a matter of law by submitting evidence demonstrating...

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