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BELTON v. VORNADO GUN HILL RD., LLC

Index No. 21209/17E. Appeal No. 12653. Case No. 2020-00939.

189 A.D.3d 531 (2020)

137 N.Y.S.3d 345

2020 NY Slip Op 07489

Shellye Belton, Respondent, v. Vornado Gun Hill Road, LLC, et al., Appellants.

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

Decided December 15, 2020.

Attorney(s) appearing for the Case

Chesney, Nicholas & Brower, LLP, Syosset ( Scott A. Koltun of counsel), for appellants.

Burns & Harris, New York ( Jason S. Steinberg of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Singh, Kennedy, JJ.

Plaintiff slipped and fell as she was walking towards the door of defendants' restaurant. She testified that once she was on the floor, she saw a shiny liquid that was like black ice. Defendants did not make out a prima facie case that they lacked constructive notice of the allegedly dangerous condition (Graham v YMCA of Greater N.Y., 137 A.D.3d 546 [1st Dept 2016]). The restaurant manager...

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