Practice point: The Appellate Division affirmed the dismissal of this slip and fall action. The defendant established its prima facie entitlement to judgment as a matter of law through the plaintiff's deposition testimony, which demonstrated that the plaintiff could not identify the cause of his fall without resorting to speculation. In opposition, the plaintiff failed to raise a triable issue of fact.
Student note: A plaintiff's inability to identify the cause of the fall is
fatal to a claim of negligence in a slip-and-fall case because a finding
that the defendant's negligence, if any, proximately caused the
plaintiff's injuries would be based on speculation.
Case: Calciano v Tarragon Corp., NY Slip Op 01234 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Summary judgment on an attorney's account stated claim.
