Plaintiff allegedly was injured when she slipped and fell in the defendant-restaurant. Plaintiff could not identify the cause of her fall, but stated, at her deposition, that it "could have been grease from the kitchen." The Appellate Division affirmed dismissal.
Practice point: In a slip-and-fall case, 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: Cross v. Friendship Rest. Group, LLC, NY Slip Op 07428 (2d Dep't October 25, 2017)
Here is the decision.
