Opinion
2013-04-17
Angelica RACINES, respondent, v. Jerome LEBOWITZ, etc., et al., appellants.
Brand, Glick & Brand, P.C., Garden City, N.Y. (Andrew B. Federman of counsel), for appellants. Paris & Chaikin, PLLC, New York, N.Y. (Jason L. Paris of counsel), for respondent.
Brand, Glick & Brand, P.C., Garden City, N.Y. (Andrew B. Federman of counsel), for appellants. Paris & Chaikin, PLLC, New York, N.Y. (Jason L. Paris of counsel), for respondent.
REINALDO E. RIVERA, J.P., DANIEL D. ANGIOLILLO, CHERYL E. CHAMBERS, and SHERI S. ROMAN, JJ.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (McDonald, J.), dated March 13, 2012, which denied their motion for summary judgment dismissing the complaint.
ORDERED that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.
On the afternoon of August 9, 2009, the plaintiff allegedly tripped and fell near the entrance door of an automobile dealership owned by the defendants.
“Although proximate cause can be established in the absence of direct evidence of causation and may be inferred from the facts and circumstances underlying the injury, mere speculation as to the cause of a fall, where there can be many causes, is fatal to a cause of action” ( Manning v. 6638 18th Ave. Realty Corp., 28 A.D.3d 434, 435, 814 N.Y.S.2d 178 [internal quotation marks omitted]; see Bolde v. Borgata Hotel Casino & Spa, 70 A.D.3d 617, 618, 892 N.Y.S.2d 892;Louman v. Town of Greenburgh, 60 A.D.3d 915, 916, 876 N.Y.S.2d 112). Here, the defendants met their burden of establishing their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff was unable to identify the cause of her accident without engaging in speculation( see Bolde v. Borgata Hotel Casino & Spa, 70 A.D.3d at 618, 892 N.Y.S.2d 892;Louman v. Town of Greenburgh, 60 A.D.3d at 916, 876 N.Y.S.2d 112;Manning v. 6638 18th Ave. Realty Corp., 28 A.D.3d at 435, 814 N.Y.S.2d 178). In opposition, the plaintiff failed to raise a triable issue of fact ( see Bolde v. Borgata Hotel Casino & Spa, 70 A.D.3d at 618, 892 N.Y.S.2d 892;Louman v. Town of Greenburgh, 60 A.D.3d at 916, 876 N.Y.S.2d 112;Manning v. 6638 18th Ave. Realty Corp., 28 A.D.3d at 435, 814 N.Y.S.2d 178).
Accordingly, the Supreme Court should have granted the defendants' motion for summary judgment dismissing the complaint.