Babich v. R.G.T. Restaurant Corp.

In my view, plaintiffs fail to raise a triable issue of fact to rebut defendants’ showing that they are entitled to summary judgment in this negligence action. Accordingly, I would affirm the motion court’s order dismissing the complaint.

In January 2006, plaintiff Diane Babich was injured in a Manhattan restaurant by falling down a flight of stairs that connected the premises’ ground floor to restrooms in the basement. After discovery was completed, defendants separately moved for summary judgment on the grounds, among other things, that plaintiffs could not show the stairs were defective and…