Kesselman v. Lever House Restaurant
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*303Order, Supreme Court, New York County (Edward H. Lehner, J.) entered October 24, 2005, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied, the complaint reinstated and the matter remanded for further proceedings.
On October 31, 2003, plaintiff Arlene Kesselman, her husband and another couple, the Milsteins, were dining at defendant restaurant. Shortly after the main course, she and Mrs. Milstein proceeded to the restroom together, with Mrs. Milstein walking in front of this plaintiff. To get to the…
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