Plaintiff alleges that on June 6, 2009, at approximately 6:30 a.m., she was walking on the sidewalk on 1st Avenue between 16th Street and 17th Street in front of and near the entrance of BIMC when she slipped and fell on a piece of fruit. BIMC was plaintiff's employer when the accident occurred.
Supreme Court properly dismissed the complaint. Plaintiff could not proceed with her tort claims, because she failed to sustain her burden of establishing the unavailability...
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