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MONTALVO v. TEXAS ROADHOUSE HOLDINGS, LLC

2019-09965. Index No. 609224/17.

200 A.D.3d 986 (2021)

159 N.Y.S.3d 116

2021 NY Slip Op 07288

Christina Montalvo, Appellant, v. Texas Roadhouse Holdings, LLC, Respondent.

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

Decided December 22, 2021.

Attorney(s) appearing for the Case

Law Offices of Tarasov & Associates (The Altman Law Firm, PLLC, Woodmere, NY [ Michael T. Altman ], of counsel), for appellant.

Rutherford Christie, LLP, New York, NY ( David S. Rutherford and L. Diana Mulderig of counsel), for respondent.

Rivera, J.P., Brathwaite Nelson, Christopher and Genovesi, JJ., concur.

Ordered that the order is affirmed, with costs.

Shortly after midnight on January 29, 2017, after exiting a restaurant owned by the defendant, which was located in a strip mall, the plaintiff fell as she attempted to step down from a walkway abutting the restaurant to the asphalt parking lot. The plaintiff thereafter commenced this action to recover damages for personal injuries against the defendant, a tenant of the strip...

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