Acton v. 1906 Restaurant Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
McCarthy, J.P.
Appeal from an order of the Supreme Court (Meddaugh, J.), entered February 5, 2016 in Sullivan County, which, among other things, granted defendants’ motion for summary judgment dismissing the complaint.
Mary Theresa Galvin Acton (hereinafter decedent) sustained fatal injuries from an unwitnessed fall down an interior stairway at defendants’ restaurant. From the dining area of the restaurant, an unlocked and unmarked doorway opened over the stairs, which descended into a basement employee area. Plaintiff, decedent’s husband, commenced this premises liability action — individually…
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