Funt v. Saul Rubinstein Trust

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Rappaport, J.), dated March 5, 1998, which granted the motion of the defendant Odessa Restaurant for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The plaintiff Esta Funt slipped and fell while she was dancing on a dance floor in the defendant Odessa Restaurant. The plaintiffs contend that they need not prove notice in this case because Odessa Restaurant created the alleged hazardous…