SAVIO v. ROSE FLOWER CHINESE REST., INC.

9388, 306152/09.

103 A.D.3d 575 (2013)

959 N.Y.S.2d 694

2013 NY Slip Op 1215

ELAINE SAVIO, Appellant, v. ROSE FLOWER CHINESE RESTAURANT, INC., Respondent.

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

February 26, 2013.


Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered November 18, 2011, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this personal injury action, defendant made a prima facie showing that the claimed defect, a worn and slippery step, at the entrance to a restaurant, was not actionable. Defendant established, inter alia, the lack of prior complaints or injuries relating to the...

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