Rodriguez v. Leggett Holdings, LLC

Andrias, J.P.,

dissents in a memorandum as follows: We all agree that defendants established prima facie their entitlement to judgment by submitting evidence, including plaintiffs deposition testimony, demonstrating that plaintiff was unable to identify the cause of his fall (see Scott v Rochdale Vil., Inc., 65 AD3d 621 [2009]; Reed v Piran Realty Corp., 30 AB3d 319 [2006], lv denied 8 NY3d 801 [2007]). The majority believes that plaintiffs testimony that he slipped on the top step of the stairway, together with an affidavit by his expert engineer stating that there were “code violations at…