Friday, May 19, 2017

Dismissal of a slip- or trip-and-fall action.

Practice point:  In a slip- or trip-and-fall case, 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 proximately caused the plaintiff's injuries would be based impermissibly on speculation.

Case in point:  Amster v. Kromer, NY Slip Op 03720 (2d Dep't May 10, 2017)

Here is the decision.

Monday's issue:  CPLR Article 31, Freedom of Information Law (FOIL), and discovery.