Plaintiff was three months pregnant when she allegedly slipped and fell on coffee beans on the floor of defendant's supermarket. She had a miscarriage the next day and sued for the emotional distress she suffered as a result. The Second Department denied defendant's motion to dismiss, in Falah v. Stop & Shop Cos., Inc., which was decided on June 19, 2007. The court gave effect to an Ohio physician's notarized affidavit which said that, based on his review of the hospital records, the miscarriage was causally related to the fall. The court said that the fact that there was no certification as to the notary's authenticity was not a fatal defect since, as a general rule, a party cannot establish its entitlement to summary judgment merely by pointing to gaps in the opponent's proof.