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KRAMER v. BAILEY REST. GROUP. INC.

Index No. 157987/17, Appeal No. 1349, Case No. 2023-01791.

2024 NY Slip Op 00025

LISA R. KRAMER, Plaintiff-Appellant, v. BAILEY RESTAURANT GROUP. INC. DOING BUSINESS AS THE BAILEY, Defendant-Respondent, RCQ HOTEL FD, LLC, ET AL., Defendants-Appellants.

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

Decided January 4, 2024.

Attorney(s) appearing for the Case

Kelner and Kelner, New York ( Emil L. Samuels of counsel), for Lisa R. Kramer, appellant.

Cascone & Kluepfel LLP, Farmingdale ( Kyle Silverstein of counsel), for RCQ Hotel FD, LLC and RCQ Hotel Operator FD, LLC, appellants.

Morris Duffy Alonso Faley & Pitcoff, New York ( Ira E. Goldstein of counsel), for respondent.

Before: Singh, J.P., Scarpulla, Pitt-Burke, Higgitt, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered August 31, 2022, which granted the motion of defendant Bailey Restaurant Group, Inc. d/b/a The Bailey (The Bailey) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Plaintiff alleges that she was exiting The Bailey through its revolving door when she fell and was injured because of the sudden drop in elevation between the door and the sidewalk. The...

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