Sato v Ippudo NY
2013 NY Slip Op 05849 [21 NY3d 1059]
September 12, 2013
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 13, 2013


[*1]
Hideki Sato et al., Appellants,
v
Ippudo NY et al., Respondents.

Decided September 12, 2013

Sato v Ippudo NY, 104 AD3d 423, affirmed.

APPEARANCES OF COUNSEL

Pollack, Pollack, Isaac & DeCicco, LLP, New York City (Brian J. Isaac of counsel), for appellants.

Molod Spitz & DeSantis, P.C., New York City (Marcy Sonneborn of counsel), for respondents.

{**21 NY3d at 1060} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. Plaintiff failed to raise a triable issue of fact concerning whether defendants' alleged negligence in failing to provide adequate warning of the presence of the staircase or adequate lighting in the staircase and surrounding area caused his fall.

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam.