LUNA v. CEC ENTERTAINMENT, INC.

5892 302488/13.

159 A.D.3d 445 (2018)

71 N.Y.S.3d 80

2018 NY Slip Op 01429

INDYRA LUNA, Respondent, v. CEC ENTERTAINMENT, INC., Doing Business as CHUCK E. CHEESE'S, Appellant.

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

Decided March 6, 2018.


Plaintiff alleges that, on October 2, 2011, she slipped and fell on a wet condition, on the steps of a ride, at a restaurant and entertainment facility owned and operated by defendant.

Defendant met its prima facie burden on the motion of establishing that it neither created the alleged wet condition nor had prior actual or constructive notice of it. By plaintiff's own admission, the wet condition, which she never saw but...

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