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KERNELL v. FIVE DWARFS, INC.

2019-13255. Index No. 9696/16.

207 A.D.3d 622 (2022)

173 N.Y.S.3d 21

2022 NY Slip Op 04624

Linda Kernell, Appellant, v. Five Dwarfs, Inc., et al., Respondents.

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

Decided July 20, 2022.

Attorney(s) appearing for the Case

The Licatesi Law Group, LLP (Heitz Legal P.C., New York, NY [Dana E. Heitz and Jennifer M. Ahlfeld], of counsel), for appellant.

Segal McCambridge Singer & Mahoney, Ltd., New York, NY (Carla Varriale of counsel), for respondents.

Iannacci, J.P., Miller, Genovesi and Ford, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

On January 16, 2016, at approximately 11:00 p.m., the plaintiff allegedly tripped and fell while descending a single-step riser at the defendants' night club and bar, and injured her leg. Following discovery, the defendants moved for summary judgment dismissing the complaint contending, inter alia, that the single-step riser...

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