MORRISSETTE v. KISMAT INDIAN REST., INC.

2020-02076. Index No. 503693/18.

196 A.D.3d 476 (2021)

146 N.Y.S.3d 828

2021 NY Slip Op 04220

William Morrissette, Appellant, v. Kismat Indian Restaurant, Inc., Respondent.

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

Decided July 7, 2021.


Attorney(s) appearing for the Case

James Greenberg, P.C., New York, NY ( James K. Greenberg and Ran Mukherjee of counsel), for appellant.

Hoffman Roth & Matlin, LLP, New York, NY ( Joshua R. Hoffman of counsel), for respondent.

Chambers, J.P., Brathwaite Nelson, Christopher and Ford, JJ., concur.


Ordered that the order is affirmed, with costs.

On October 27, 2017, at approximately 10:00 p.m., the plaintiff attempted to walk between two planters separating the outdoor seating area of the defendant's restaurant from the rest of the sidewalk when his left foot allegedly tripped over a rope strung between the planters. The plaintiff alleged that he did not see the rope prior to the accident.

The plaintiff subsequently commenced this action against the...

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