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Judith v. Sherwood

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 2008
52 A.D.3d 300 (N.Y. App. Div. 2008)

Opinion

June 10, 2008.

Order, Supreme Court, New York County (Louis B. York, J.), entered May 14, 2007, which, in this personal injury action, granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Before: Tom, J.P., Mazzarelli, Gonzalez, Sweeny and DeGrasse, JJ.


As there is no evidence linking defendants to the plastic sheeting that allegedly caused plaintiff's fall, a jury would be left to base its verdict on speculation, rather than logical inferences ( Schneider v Kings Highway Hosp. Ctr., 67 NY2d 743, 744).

The court properly declined to consider plaintiff's supplemental bill of particulars alleging for the first time that her fall was caused by poor lighting ( see Boland v Koppelman, 251 AD2d 176).


Summaries of

Judith v. Sherwood

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 2008
52 A.D.3d 300 (N.Y. App. Div. 2008)
Case details for

Judith v. Sherwood

Case Details

Full title:JUDITH A. LISTOPAD, Appellant, v. SHERWOOD EQUITIES, INC., et al.…

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

Date published: Jun 10, 2008

Citations

52 A.D.3d 300 (N.Y. App. Div. 2008)
858 N.Y.S.2d 600

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