McFadden v. New Castle Hotel, LLC

*1768Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Elliott C. McFadden (plaintiff) when he tripped and fell in defendant’s hotel and broke his shoulder. Following discovery, defendant moved for summary judgment dismissing the complaint on the grounds that plaintiff was unable to identify the cause of his fall; any defect was trivial and nonactionable; and the absence of a defect in defendant’s floor and floor drain eliminated any duty of inspection. Supreme Court properly denied defendant’s motion. Even assuming, arguendo, that defendant established as a…