BARGER v. ONLY PROPS., LLC

2017-05696. Index No. 507276/13.

193 A.D.3d 1027 (2021)

147 N.Y.S.3d 667

2021 NY Slip Op 02508

Caitlin Barger, Appellant, v. Only Properties, LLC, Respondent.

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

Decided April 28, 2021.


Attorney(s) appearing for the Case

Kathleen Higgins ( F. William Salo , New York, NY, of counsel), for appellant.

James J. Toomey , New York, NY ( Evy L. Kazansky of counsel), for respondent.

Chambers, J.P., Miller, LaSalle and Iannacci, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when she slipped and fell down a stairway leading from the ground floor to the basement of a restaurant in which she worked. The premises was owned by the defendant and leased to the plaintiff's employer, a nonparty.

The plaintiff subsequently commenced this action to recover damages for personal injuries. After the completion of discovery, the defendant moved for summary judgment...

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