Livingston v Hard Rock Caf|fe, Inc.
2008 NY Slip Op 02026 [49 AD3d 328]
March 11, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Billie Jo Livingston, as Administratrix of the Estate of Patricia Ann Livingston, Deceased, Appellant,
v
Hard Rock Café, Inc., et al., Respondents, et al., Defendants.

—[*1] McElfish & Associates, LLC, New York City (Raymond D. McElfish of counsel), for appellant.

Malapero & Prisco LLP, New York City (Ian B. Forman of counsel), for respondents.

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered March 7, 2006, which granted defendant Hard Rock Café, Inc.'s motion for judgment at the close of plaintiff's evidence, unanimously affirmed, without costs.

Plaintiff failed to establish a connection between what her expert testified was a defective condition of the step at the entrance to the Hard Rock Café and her decedent's trip and fall exiting the restaurant (CPLR 4401; see generally Kane v Estia Greek Rest., 4 AD3d 189, 190 [2004]).

Plaintiff's remaining contentions are without merit. Concur—Tom, J.P., Buckley, Sweeny and Moskowitz, JJ.