In Burke v. Canyon Rd. Rest. , Eileen Burke was exiting Canyon Road Restaurant when she missed a step and fell.
After the Bronx County Supreme Court found no basis of liability and dismissed her negligence case, an appeal to the Appellate Division, First Department, followed.
The AD1 was of the view Burke failed to show the property suffered from a "hidden trap" or that any laws or codes were violated.
The restaurant's entranceway was well lit and there was no evidence of any debris or water accumulation that could have triggered the fall. (Also, Canyon's general manager was unable to recall any "complaints, accidents, code violations or repairs" involving the establishment's front step.)
Burke couldn't scale that Canyon.
To download a copy of the Appellate Division's decision, please use this link: Burke v. Canyon Rd. Rest.