Altinel v. John's Farms

In a slip and fall case, a defendant may establish its prima facie entitlement to judgment as a matter of law by submitting *710evidence that the plaintiff cannot identify the cause of his or her fall (see Antelope v Saint Aidan’s Church, Inc., 110 AD3d 1020 [2013]; Izaguirre v New York City Tr. Auth., 106 AD3d 878 [2013]). Here, the store defendants failed to make a prima facie showing that the plaintiff cannot identify the cause of her fall because the plaintiff clearly testified at her deposition that she fell on what she described as “muddy” water (see Giraldo v Twins Ambulette Serv., Inc.,…