KATZ v. BLANK ROME TENZER GREENBLATT

8413, 101737/10.

100 A.D.3d 407 (2012)

953 N.Y.S.2d 496

MELISSA KATZ et al., Respondents, v. BLANK ROME TENZER GREENBLATT et al., Defendants, and 804 LEXINGTON LLC et al., Appellants.

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

November 8, 2012.


Summary judgment was properly denied in this action where plaintiff Melissa Katz was allegedly injured when she fell down the winding staircase that led from Burger Heaven's dining room to the basement; defendant 804 Lexington LLC was the owner of the premises. Defendants have a duty to maintain the property in a reasonably safe condition (see generally Kellman v 45 Tiemann Assoc., 87 N.Y.2d 871 [1995]), and here, the configuration...

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