LAZAR v. HEAVEN

Nos. 5817, 109336/08.

88 A.D.3d 591 (2011)

931 N.Y.S.2d 296

2011 NY Slip Op 7492

SYDELLE LAZAR et al., Respondents, v. BURGER HEAVEN et al., Appellants.

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

Decided October 25, 2011.


Defendants established their prima facie entitlement to judgment as a matter of law. Defendants submitted evidence showing that the chair was an open and obvious condition and not inherently dangerous (see Matthews v Vlad Restoration Ltd., 74 A.D.3d 692 [2010]; Schulman v Old Navy/Gap, Inc., 45 A.D.3d 475 [2007]). Defendants also demonstrated that the placement of the café's chairs...

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