Practice point: A defendant may establish its prima facie entitlement to judgment as a matter of law by submitting evidence that the plaintiff cannot identify the cause of the fall. A plaintiff's inability to identify the cause of the fall is fatal to the cause of action, because a finding that the defendant's negligence, if any, proximately caused the plaintiff's injuries would be based on speculation.
Case: Baldasano v. Long Is. Univ., NY Slip Op 06995 (2d Dep't October 26, 2016)
Here is the decision.
Monday's issue: Denial of a cross-motion to strike the answer.
