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PEPPERMAN v. SBL HOLDINGS

63 A.D.3d 895 (2009)

880 N.Y.S.2d 547

IRENE PEPPERMAN, Appellant, v. SBL HOLDINGS, Doing Business as EAST BAY DINER, et al., Respondents.

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

Decided June 16, 2009.

Ordered that the judgment is affirmed, with costs.

"[A] landowner must act as a reasonable [person] in maintaining his [or her] property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk" (Basso v Miller, 40 N.Y.2d 233, 241 [1976] [internal quotation mark...

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