Rodgers v Cucina & Co. A - The Cellar at Macy's

Rodgers v Cucina & Co. A - The Cellar at Macy's 2013 NY Slip Op 07807 Decided on November 21, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 21, 2013
Gonzalez, P.J., Tom, Renwick, Freedman, Clark, JJ.
11137 112724/08

[*1]Michael Rodgers, Plaintiff-Respondent,

v

Cucina & Company A - The Cellar at Macy's, et al., Defendants-Appellants, Ultimate Services Inc., etc., Defendant.




Gordon & Silber, P.C., New York (Jon D. Lichtenstein of
counsel), for appellants.
Koss & Schonfeld LLP, New York (Jacob J. Schindelheim of
counsel), for respondent.

Order, Supreme Court, New York County (Richard F. Braun, J.), entered May 10, 2013, which denied defendants Cucina & Company A-The Cellar at Macy's, Cucina and Company, and RA Patina Restaurant Group, LLC's motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Defendants failed to establish prima facie that they did not cause or create the greasy condition of the stairs on which
plaintiff slipped and fell (see Fragale v City of New York, 88 AD3d 488, 489 [1st Dept 2011]; Zaher v Shopwell, Inc., 18 AD3d 339, 340-341 [1st Dept 2005]; Montalvo v Western Estates, 240 AD2d 45, 48 [1st Dept 1998]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 21, 2013

CLERK