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LANDAU v. BALBONA RESTAURANT CORP.

8017. 154347/12.

168 A.D.3d 424 (2019)

91 N.Y.S.3d 42

2019 NY Slip Op 00051

Lorraine Landau, Respondent, v. Balbona Restaurant Corp., Doing Business as Sam's Place, et al., Appellants.

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

Decided January 3, 2019.

Plaintiff fell and injured her ankle while descending a staircase at defendants' restaurant. Plaintiff testified that she fell because she did not see the final step, which was of a different color, size, and material from the other steps in the staircase. Contrary to defendants' contention that a prior summary judgment order limited plaintiff's claim to optical illusion, the order only explicitly found that the Building Code was...

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