Appellate Division of the Supreme Court of the State of New York November 4, 2010 (Jones v. Shamrock of Ithaca, Inc.)

Stein, J.

Appeal from an order of the Supreme Court (Sherman, J.), entered January 28, 2010 in Tompkins County, which denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiff Patricia A. Jones (hereinafter plaintiff) went to dinner at a restaurant operated by defendant.