RIZOS v. GALINI SEAFOOD RESTAURANT

2009-04451.

89 A.D.3d 1004 (2011)

933 N.Y.S.2d 703

2011 NY Slip Op 8576

KONSTANTO RIZOS, Respondent, v. GALINI SEAFOOD RESTAURANT et al., Appellants.

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

Decided November 22, 2011.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

The plaintiff, who was then 85 years of age, allegedly slipped and fell at the defendants' restaurant while walking down a staircase consisting of three steps. The defendants established their prima facie entitlement to judgment as a matter of law by submitting the plaintiff's deposition testimony, in which she was unable...

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