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GRAUL v. VAN DAMME

916 CA 20-00309.

192 A.D.3d 1549 (2021)

140 N.Y.S.3d 844

2021 NY Slip Op 01643

Linda Graul, Respondent, v. William J. Van Damme et al., Appellants.

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

Decided March 19, 2021.

Attorney(s) appearing for the Case

BARCLAY DAMON, LLP, ROCHESTER ( MARK T. WHITFORD, JR. , OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

CELLINO & BARNES, P.C., BUFFALO ( ELLEN B. STURM OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Carni, J.P., Lindley, Winslow, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this action to recover damages for injuries plaintiff sustained when she fell while stepping from a platform inside defendants' restaurant and bar, defendants appeal from an order denying their motion for summary judgment dismissing the complaint. We affirm.

Defendants failed to meet their initial burden on...

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