Nielsen v. 300 East 76th Street Partners

Order, Supreme Court, New York County (Debra A. James, J.), entered March 12, 2013, which, upon reargument, adhered to the original determination denying defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion for summary judgment granted. The Clerk is directed to enter judgment dismissing the complaint.

Plaintiff was injured while working in a bar on premises leased from defendant. She testified that she was descending a ladder accessed through a hatch door behind the bar counter when she lost her balance, and when she…