Michael Rodgers, Plaintiff–Respondent, v. Cucina & Company A—The Cellar at Macy's, et al., Defendants–Appellants, Ultimate Services Inc., etc., Defendant. (2013)

Supreme Court, Appellate Division, First Department, New York.

Michael Rodgers, Plaintiff–Respondent, v. Cucina & Company A—The Cellar at Macy's, et al., Defendants–Appellants, Ultimate Services Inc., etc., Defendant.

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Decided: November 21, 2013

Gonzalez, P.J., Tom, Renwick, Freedman, Clark, JJ.

Gordon & Silber, P.C., New York (Jon D. Lichtenstein of counsel), for appellants. 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 A.D.2d 45, 48 [1st Dept 1998] ).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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