Jackson v. Fenton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Dutchess County (Brands, J.), dated October 12, 2005, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The defendants failed to make a prima facie showing of entitlement to judgment as a matter of law. A plaintiff’s inability to identify the cause of his or her fall is fatal to his or her cause of action (see Manning v 6638 18th Ave. Realty Corp., 28 AD3d 434 [2006]; Fox v Watermill Enters., Inc., 19 AD3d 364…
2Cases cited12 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Manning v. 6638 18th Avenue Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Hartman v. Mountain Valley Brew Pub, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Swerdlow v. WSK Properties Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Bitterman v. GrotyohannAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by19 opinions
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- Antonia v. SrourAppellate Division of the Supreme Court of the State of New York · 2010
- Baldasano v. Long Island UniversityAppellate Division of the Supreme Court of the State of New York · 2016
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