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Holland v. Creative Environments LLC

Denial of Summary Judgment in Fall Case Explained; Issue Exists on Tablecloth's Placement

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff commenced this negligence action against Defendant in New York State Supreme Court in Ulster County, seeking damages resulting from a fall that occurred at a resort that Defendant owned and operated. See Complaint, Dkt. No. 2. Defendant removed the action to this Court on the basis of diversity jurisdiction. See Dkt. No. 1. Pending before the Court is Defendant’s motion for summary judgment. See Dkt. No. 29. II. FACTS¹ Defendant, a hospitality company, owns and operates a business located in Big Indian, New York, under the name Full Moon Resort. See Dkt. No. 29-3, Defendant’s Statement of Material Facts (“SMF”), at

2-3. On September 21, 2021, Plaintiff attended a wedding at the resort and stayed in a guestroom there overnight. See id. at

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