Boynton v. Haru Sake Bar

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered January 22, 2013, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant established its entitlement to judgment as a matter of law in this action where plaintiff Alice Boynton was injured when she fell while walking over cellar doors located on the sidewalk outside defendant restaurant. Defendant submitted evidence, including hospital records, showing that at the time of her fall, Ms. Boynton suffered a fainting spell and pointed to Ms. Boynton’s…