This was originally published on the SGR Blog.
The Copacabana nightclub, which opened in 1940 and recently closed due to the pandemic, was legendary for many things: Danny Thomas. Martin & Lewis. A New York Yankees brawl. And, as recent cases illustrate, despite the Copa’s physical demise, the legacy survives in the courtroom if not in a ballroom.
Kayla Pedraza alleged that, while a patron of Copacabana Nightclub, she slipped and fell due to “wetness and ice on the floor” and suffered a severe ankle fracture. The Copa moved for summary judgment dismissing the complaint arguing that Pedraza could not establish a prima facie claim of negligence because she could not identify the cause of her fall or demonstrate that the club had any notice of the alleged unobserved condition. Pedraza argued that the Copa had notice of the recurrent dangerous condition that they created.
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