Antonia v. Srour
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The plaintiff commenced this action to recover damages for personal injuries she allegedly sustained when she fell on a stairway as she was leaving the defendant’s home. The defendant moved for summary judgment dismissing the complaint, asserting, inter alia, that the plaintiff failed to identify the cause of her accident. The Supreme Court granted the defendant’s motion. We reverse.
“In a trip and fall case, [a] plaintiffs inability to identify the cause of his or her fall is fatal to his or her cause of action, since, in that instance, the trier of fact would be required to base a finding of…
2Cases cited15 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Hartman v. Mountain Valley Brew Pub, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Scala v. ScalaAppellate Division of the Supreme Court of the State of New York · 2006
- Louman v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2009
- Kanarvogel v. Tops Appliance City, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
10 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Boudreau-Grillo v. RamirezAppellate Division of the Supreme Court of the State of New York · 2010
- Russo v. Frankels Garden City Realty Co.Appellate Division of the Supreme Court of the State of New York · 2012
- Melnikov v. 249 Brighton Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Yefet v. ShalmoniAppellate Division of the Supreme Court of the State of New York · 2011
- Carter v. StateAppellate Division of the Supreme Court of the State of New York · 2014
22 more not listed; retrieve them via the Exa API.