RODGERS v. CUCINA & CO. A

11137, 112724/08.

111 A.D.3d 543 (2013)

975 N.Y.S.2d 346

2013 NY Slip Op 7807

MICHAEL RODGERS, Respondent, v. CUCINA & COMPANY A — THE CELLAR AT MACY'S et al., Appellants, et al., Defendant.

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

Decided November 21, 2013.


Order, Supreme Court, New York County (Richard F. Braun, J.), entered May 10, 2013, which denied defendants Cucina & Company A — The Cellar at Macy's, Cucina and Company, and RA Patina Restaurant Group, LLC's motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Defendants failed to establish prima facie that they did not cause or create the greasy condition of the stairs on which plaintiff slipped and...

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