TOES v. NATIONAL AMUSEMENTS, INC.

2011-04714.

94 A.D.3d 742 (2012)

941 N.Y.S.2d 666

2012 NY Slip Op 2479

CHARLES H. TOES, Respondent, v. NATIONAL AMUSEMENTS, INC., Appellant.

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

Decided April 3, 2012.


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

The plaintiff allegedly was injured when attempting to reach a seat located in a movie theater owned and operated by the defendant. Instead of using the aisle and walking to his desired seat, down the row of seats in which he intended to sit, the plaintiff chose to cut through an elevated area reserved for individuals with...

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