PELUSO v. RED ROSE RESTAURANT, INC.

2011-11522.

106 A.D.3d 972 (2013)

965 N.Y.S.2d 603

2013 NY Slip Op 3650

MARYANN PELUSO et al., Appellants, v. RED ROSE RESTAURANT, INC., et al., Respondents.

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

Decided May 22, 2013.


Ordered that the order is affirmed, with costs.

The injured plaintiff allegedly fell as she was exiting the defendants' premises. At her deposition, the injured plaintiff testified that she did not remember what happened from the moment she opened the door to exit until she found herself "laying down" on the sidewalk. After depositions were conducted, the defendants moved for summary judgment dismissing the complaint, arguing, inter alia, that there was no proof of...

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