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UPPSTROM v. PETER DILLON'S PUB

9288, 153180/14.

172 A.D.3d 497 (2019)

100 N.Y.S.3d 239

2019 NY Slip Op 03690

Chantal Uppstrom, Appellant, v. Peter Dillon's Pub et al., Respondents.

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

Decided May 9, 2019.

Plaintiff was injured when she fell down a stairway inside Dillon's bar. 353 Lexington owned the premises, which was being occupied by Dillon's pursuant to a lease agreement.

The complaint was properly dismissed as against 353 Lexington, because plaintiff's deposition testimony establishes that she was unable to identify the cause of her accident (see Telfeyan v City of New York, 40 A.D.3d 372, 373 [1st Dept 2007]). She also...

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