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TYZ v. FIRST STREET HOLDING COMPANY, INC.

2010-02311.

78 A.D.3d 818 (2010)

910 N.Y.S.2d 179

JEAN TYZ, Appellant, v. FIRST STREET HOLDING COMPANY, INC., et al., Respondents.

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

Decided November 9, 2010.

Ordered that the order is affirmed, with costs.

The plaintiff fell, after failing to notice an elevation differential, caused by a single step riser separating an elevated area of the restaurant where she had eaten dinner, and the floor of the main area of the restaurant. Notably, the plaintiff had traversed the riser, without incident, approximately two hours earlier, when she first entered the booth where she ate her meal...

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