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ANNETTE BROTHERS v. 574 9TH AVE. REST. CORP.

152462/13E, 1458.

140 A.D.3d 512 (2016)

34 N.Y.S.3d 426

2016 NY Slip Op 04789

ANNETTE BROTHERS et al., Respondents, v. 574 9TH AVE. REST. CORP., Doing Business as DAVE'S TAVERN, et al., Appellants.

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

Decided June 16, 2016.

The testimony of defendant bar proprietor that he personally inspected the bathrooms and areas outside the bathrooms, just 20 to 30 minutes prior to plaintiff Annette Brothers' slip and fall outside the women's bathroom, and that he found the floor to be clean, dry and free of debris, established prima facie that defendants lacked actual or constructive notice of the alleged watery, debris-strewn condition on which Brothers fell...

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