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CASTORE v. TUTTO BENE RESTAURANT INC.

3516, 105668/07.

77 A.D.3d 599 (2010)

909 N.Y.S.2d 452

EMMY CASTORE, Appellant, v. TUTTO BENE RESTAURANT INC., Doing Business as CHELSEA RESTAURANT, Respondent.

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

Decided October 28, 2010.

Defendant met its initial burden of showing, prima facie, that it neither created nor had notice, whether actual or constructive, of the purportedly dangerous condition that caused plaintiff to slip and fall (see Piacquadio v Recine Realty Corp., 84 N.Y.2d 967, 969 [1994]; Gordon v American Museum of Natural History, 67 N.Y.2d 836, 837...

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