Costantino v. Webel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Proximate cause may be established without direct evidence of causation, by inference from the circumstances of the accident; however, mere speculation as to the cause of an accident, when there could have been many possible causes, is fatal to a cause of action (see Oettinger v Amerada Hess Corp., 15 AD3d 638 [2005]). In this case, the defendants made a prima showing of entitlement to judgment as a matter of law by establishing that the plaintiff could not identify the cause of her fall without engaging in speculation (see Manning v 6638 18th Ave. Realty Corp., 28 AD3d 434 [2006];…
2Cases cited8 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Manning v. 6638 18th Avenue Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Reiff v. Beechwood Browns Road Building Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Christopher v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- Lissauer v. Shaarei Halacha, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
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3Cited by40 opinions
- Ash v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Patrick v. Costco Wholesale Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Rivera v. J. Nazzaro Partnership, L.P.Appellate Division of the Supreme Court of the State of New York · 2014
- Califano v. LanesAppellate Division of the Supreme Court of the State of New York · 2012
- Mitgang v. PJ Venture HG, LLCAppellate Division of the Supreme Court of the State of New York · 2015
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