BABICH v. R.G.T. RESTAURANT CORP.

2146, 115521/06.

75 A.D.3d 439 (2010)

906 N.Y.S.2d 528

DIANE BABICH et al., Appellants, v. R.G.T. RESTAURANT CORP., Doing Business as PUNCH, et al., Respondents.

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

Decided July 6, 2010.


This personal injury action stems from the injured plaintiff's fall down an interior staircase leading to a cellar where the restrooms were located in a building owned by Scher and operated as a restaurant by R.G.T. Following discovery, the restaurant moved for summary dismissal of the claims asserted against it, on the grounds, inter alia, that plaintiffs were unable to identify the cause of the fall and could not show a defect in the staircase. The owner cross-moved for...

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