MURRAY v. VILLA BARONE RISTORANTE, INC.

3346, 23282/12E.

148 A.D.3d 458 (2017)

2017 NY Slip Op 01783

49 N.Y.S.3d 119

MARY MURRAY et al., Respondents, v. VILLA BARONE RISTORANTE, INC., et al., Appellants.

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

Decided March 9, 2017.


Defendants' motion for summary judgment was properly denied in this action where plaintiff Mary Murray was injured when she fell while ascending the stairs in defendants' restaurant. Plaintiff testified that as she attempted to move her foot to the next step, it came in contact with the front lip of the second step, and contrary to defendants' assertion, plaintiff also testified that she had to bend down to grab the handrail, which was low. This evidence, as well as the affidavit...

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