Acunia v. New York City Department of Education
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The infant plaintiff, an eighth grade student, slipped and fell while playing basketball in the school gymnasium. Although a plaintiff bears no burden to identify precisely what caused his *632slip and fall, mere speculation about causation is inadequate to sustain the cause of action (Segretti v Shorenstein Co., E., 256 AD2d 234, 235 [1998]). Furthermore, the fact that a floor is slippery by reason of its smoothness or polish, in the absence of any proof of the negligent application of wax or polish, does not give rise to a cause of action, or even an inference of negligence (Pagan v Local 23-25…
2Cases cited6 opinions
- Segretti v. Shorenstein Co., East, L.P.Appellate Division of the Supreme Court of the State of New York · 1998
- Capotosto v. Roman Catholic Diocese of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 2003
- Oettinger v. Amerada Hess Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Pagan v. International Ladies Garment Workers UnionAppellate Division of the Supreme Court of the State of New York · 1996
- Zanki v. CahillNew York Court of Appeals · 2004
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Harrison v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
- DaSilva v. KS Realty, L.P.Appellate Division of the Supreme Court of the State of New York · 2016
- Garrett v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
- Washington v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2012
- DaSilva v. KS Realty, L.P.Appellate Division of the Supreme Court of the State of New York · 2015
10 more not listed; retrieve them via the Exa API.