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Gertsyuk v. MSR Baku Intl. Inc.

Adult Day Care Fails to Show It Did Not Breach Duty of Care to Plaintiff

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Recitation, as required by CPLR 2219 (a), of the papers considered in the review of defendant Atlantic’s motion for summary judgment Papers NYSCEF Doc. Notice of Motion, Affirmations, Affidavits and Exhibits Annexed       125-138 Affirmation in Opposition to Motion and Exhibits Annexed  140-155,157-164 Reply Affirmations               156, 165 DECISION / ORDER Upon the foregoing cited papers, the Decision/Order on this motion is as follows: Upon the foregoing papers, defendant Atlantic Adult Day Care (hereafter “Atlantic”) moves, (Mot. Seq. # 6) pursuant to CPLR 3212, for an order granting it summary judgment dismissing plaintiff’s complaint. After virtual oral argument, the motion is denied in part and granted in part, for the reasons which follow. This action arises from a slip and fall accident on a staircase at 2001 Emmons Avenue, Brooklyn, NY. The premises is called “Baku Palace” and is a large restaurant and catering facility in Sheepshead Bay. Plaintiff commenced the first action on March 6, 2018 against defendant MSR Baku International Inc. (hereafter “Baku”), where she states that the date of the accident was October 25, 2016, and that defendant was negligent on the date of the accident because the restaurant’s “stairway between the main and bathroom level of the premises was allowed to remain in a dangerous, defective, and unsafe condition, by the presence of a waitress employed by the defendant who was negligently ascending the aforementioned stairway” and which they “affirmatively created” or “had actual and constructive notice of” [Complaint

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