January 29, 2015

A defendant's summary judgment motion in a slip-and-fall action.

Practice point:  A defendant can establish prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff did not know what caused the fall.

Student note:  In determining a defendant's motion for summary judgment, the court must view all of the evidence in the light most favorable to the nonmoving plaintiff, and must resolve all reasonable inferences in the plaintiff's favor.

Case:  Shih v. Sanford Tower Condo, NY Slip Op 00488 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  A condominium board member's individual liability.