SCHWARTZ v. GOLD COAST RESTAURANT CORP.

2015-05384, Index No. 601231/13.

139 A.D.3d 696 (2016)

31 N.Y.S.3d 535

2016 NY Slip Op 03487

GERALDINE SCHWARTZ, Appellant, v. GOLD COAST RESTAURANT CORP., Doing Business as CIPOLLINI, Respondent.

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

Decided May 4, 2016.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

In support of its motion for summary judgment dismissing the complaint in this slip-and-fall case, the defendant was required to establish, prima facie, that it did not create the dangerous condition that caused the plaintiff's injuries and had neither actual nor constructive notice of the condition...

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