TENENBAUM v. BEST 21 LTD.


15 A.D.3d 646 (2005)

790 N.Y.S.2d 236

LYNN TENENBAUM et al., Appellants, v. BEST 21 LTD. et al., Respondents.

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

February 28, 2005.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Lynn Tenenbaum (hereinafter the injured plaintiff) tripped over a platform, which was three-feet wide, three-feet long, and less than one-foot high. The injured plaintiff stepped onto and stepped down from the platform minutes before the accident. The defendants established their entitlement to judgment as a matter of law by demonstrating that the alleged defective condition which...

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