| Rodgers v Cucina & Co. A—The Cellar at Macy's |
| 2013 NY Slip Op 07807 [111 AD3d 543] |
| November 21, 2013 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Michael Rodgers, Respondent, v Cucina & Company A—The Cellar at Macy's et al., Appellants, et al., Defendant. |
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Koss & Schonfeld LLP, New York (Jacob J. Schindelheim of counsel), for
respondent.
Order, Supreme Court, New York County (Richard F. Braun, J.), entered May 10, 2013, which denied defendants Cucina & Company A—The Cellar at Macy's, Cucina and Company, and RA Patina Restaurant Group, LLC's motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
Defendants failed to establish prima facie that they did not cause or create the greasy condition of the stairs on which plaintiff slipped and fell (see Fragale v City of New York, 88 AD3d 488, 489 [1st Dept 2011]; Zaher v Shopwell, Inc., 18 AD3d 339, 340-341 [1st Dept 2005]; Montalvo v Western Estates, 240 AD2d 45, 48 [1st Dept 1998]). Concur—Gonzalez, P.J., Tom, Renwick, Freedman and Clark, JJ.