Practice point: Defendant is entitled to summary judgment as a matter of law when plaintiff cannot identify the defect that caused the injury.
Student note: It was not enough when, at his deposition, decedent-plaintiff' had circled the defect in the photograph based on his recognition of the approximate location where he fell — not his recognition of the defect itself.
Case: Siegel v. City of New York , NY Dept. 2011
Tomorrow's issue: Informed consent.
