McNALLY v. KIKI, INC.

512256.

92 A.D.3d 1105 (2012)

938 N.Y.S.2d 657

2012 NY Slip Op 1163

BELINDA McNALLY et al., Appellants, v. KIKI, INC., Doing Business as THE HILLSIDE MANOR RESTAURANT, Respondent.

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

Decided February 16, 2012.


McCARTHY, J.

Plaintiff Belinda McNally (hereinafter plaintiff) tripped and fell while walking in the lower parking lot on defendant's premises. To recover for injuries she sustained in that fall, plaintiff and her husband, derivatively, commenced this action. Following discovery, defendant moved for summary judgment dismissing the complaint. Supreme Court granted the motion. Plaintiffs appeal.

Because defendant failed to meet its prima facie burden of demonstrating...

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