Legal Opinion
Smith v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided January 10, 2012PublishedCited by 2 opinions
1Opinion of the Court
Elaintiff testified at her deposition that she had “no idea” how she tripped and fell and she could not identify or mark on photographs the specific rise, declivity or defective condition of *457the sidewalk that caused her accident. She stated that she did not feel her foot go into a depression, catch or strike anything, slip, or slide. Citing this testimony, defendants sustained their burden of demonstrating entitlement to summary judgment as a matter of law because a jury would have to engage in impermissible speculation to determine the cause of the accident (see Siegel v City of New York, 86…
2Cases cited4 opinions
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- Siegel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Rudner v. New York Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 2007
- Fishman v. Westminster House Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
3Cited by2 opinions
- Morrissey v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
- Morrissey v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2012