From Casetext: Smarter Legal Research

Dalinedesroches v. Lazard

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 2010
70 A.D.3d 626 (N.Y. App. Div. 2010)

Opinion

No. 2008-09765.

February 2, 2010.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hurkin-Torres, J.), dated August 13, 2008, which granted the defendant's motion for summary judgment dismissing the complaint.

Ornstein Ornstein, P.C. (Pollack, Pollack, Isaac De Cicco New York, N.Y. [Brian J. Isaac and Jillian Rosen], of counsel), for appellant.

James J. Toomey, New York, N.Y. (Evy L. Kazansky of counsel), for respondent.

Before: Skelos, J.P., Balkin, Leventhal and Lott, JJ., concur.


Ordered that the order is affirmed, with costs.

The defendant established her prima facie entitlement to judgment as a matter of law by submitting the plaintiffs deposition testimony, in which the plaintiff was unable to explain what caused her to trip and fall ( see Curran v Esposito, 308 AD2d 428, 429; Hartman v Mountain Val. Brew Pub, 301 AD2d 570), and proof that the stairway in question was not defective. In response, the plaintiff failed to raise a triable issue of fact as to the cause of the accident or the existence of any defective condition on the stairway ( see Manning v 6638 18th Ave. Realty Corp., 28 AD3d 434, 435).

Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.


Summaries of

Dalinedesroches v. Lazard

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 2010
70 A.D.3d 626 (N.Y. App. Div. 2010)
Case details for

Dalinedesroches v. Lazard

Case Details

Full title:MARIE S. DALINEDESROCHES, Appellant, v. VIVIAN LAZARD, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 2, 2010

Citations

70 A.D.3d 626 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 800
892 N.Y.S.2d 884

Citing Cases

Rizos v. Galini Seafood Rest.

The plaintiff, who was then 85 years of age, allegedly slipped and fell at the defendants' restaurant while…

Smith v. Maloney

On this record, we agree with Supreme Court that a jury would be required to speculate as to the cause of…