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SATO v. IPPUDO NY

No. 246 SSM 19.

21 N.Y.3d 1059 (2013)

996 N.E.2d 910

974 N.Y.S.2d 29

2013 NY Slip Op 5849

HIDEKI SATO et al., Appellants, v. IPPUDO NY et al., Respondents.

Court of Appeals of New York.

Decided September 12, 2013.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York City ( Brian J. Isaac of counsel), for appellants.

Molod Spitz & DeSantis, P.C., New York City ( Marcy Sonneborn of counsel), for respondents.

Concur: Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. Plaintiff failed to raise a triable issue of fact concerning whether defendants' alleged negligence in failing to provide adequate warning of the presence of the staircase or adequate lighting in the staircase and surrounding area caused...

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