RUTH MACLEOD, RESPONDENT, v. PETE'S TAVERN, INC., &C., ET AL., APPELLANTS,
AND LILLIAN TROY, ET AL., RESPONDENTS.
87 N.Y.2d 912, 663 N.E.2d 905, 640 N.Y.S.2d 864 (1996).
January 16, 1996
1 No. 118 SSM 78(1996 NY Int. 9)
Decided January 16, 1996
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Fredda Siegel, for Appellants.
Submitted by Bonnie Reid Berkow, for Plaintiff respondent.
Submitted by Ellen B. Fishman, for Respondent City.
MEMORANDUM:
The order of the Appellate Division, insofar as appealed from, should
be reversed, with costs, defendant Pete's Tavern's motion for summary
judgment granted, and the complaint and all cross claims against
Pete's Tavern dismissed. The certified question should be answered in
the negative.
In May 1991, plaintiff Ruth MacLeod sustained injuries when she
slipped and fell on the sidewalk in front of the restaurant and bar
known as Pete's Tavern. Pete's Tavern has an outdoor cafe adjacent to
the building which extends onto the sidewalk for approximately four to
five feet and is bordered by a wrought iron guardrail located on the
sidewalk.
On the day in question, plaintiff saw an unidentified waiter and
group of people standing on the sidewalk outside the guardrail
surrounding the outdoor cafe. Plaintiff stated that in order to pass
it was necessary to walk around the waiter and people standing at the
guardrail into the middle of the sidewalk, where she tripped and fell
in a hole or depression in the sidewalk. She claimed not to have
noticed the hole prior to falling because she was walking around the
crowd gathered at the guardrail.
Plaintiff commenced this action seeking damages from, among others,
the lessee of the abutting property, Pete's Tavern, for personal
injuries allegedly sustained from the fall. Pete's Tavern moved for
summary judgment dismissing the complaint and all cross claims against
it. Supreme Court denied the motion and the Appellate Division, with
SNIPPETS:
This memorandum is uncorrected and subject to revision before publication in the New York
Submitted by Fredda Siegel, for Appellants.
for Plaintiff respondent.
The order of the Appellate Division, insofar as appealed from, should be reversed, with
The certified question should be answered in the negative.
plaintiff Ruth MacLeod sustained injuries when she slipped and fell on the sidewalk in front
Pete's Tavern has an outdoor cafe adjacent to the building which extends onto the sidewalk
plaintiff saw an unidentified waiter and group of people standing on the sidewalk outside the
Plaintiff stated that in order to pass it was necessary to walk around the waiter and people
We now reverse.
Neither the existence of the crowd nor the fact that one of defendant's employees was seen on
On review of submissions pursuant to section 500.4 of the Rules, order, insofar as appealed
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
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