Beard v. Themed Restaurants Inc.

128 A.D.3d 458, 6 N.Y.S.3d 486

Opinion

Order, Supreme Court, New York County (Louis B. York, J.), entered on or about August 27, 2013, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff sues for injuries allegedly incurred when she lost her footing and fell while descending a staircase in defendant’s restaurant. Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint because plaintiff made no claim in her testimony that she fell because of a lack of illumination. Concur — Friedman, J.P., Acosta, Richter and Gische, JJ.