Legal Opinion
Howe v. Flatbush Presbyterian Church
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 2008PublishedCited by 14 opinions
1Opinion of the Court
*420In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Johnson, J), dated March 28, 2007, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff was injured when he fell down a stairway on premises owned by the defendant. The defendant failed to make a prima facie showing of its entitlement to summary judgment. “A plaintiffs inability to identify the cause of his or her fall is fatal to his or her cause of action” (Jackson v Fenton, 38 AD3d 495…
2Cases cited5 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Swerdlow v. WSK Properties Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Boyd v. Rome Realty Leasing Limited PartnershipAppellate Division of the Supreme Court of the State of New York · 2005
- Jackson v. FentonAppellate Division of the Supreme Court of the State of New York · 2007
- Indence v. 225 Union Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 2007
3Cited by14 opinions
- Louman v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2009
- Boudreau-Grillo v. RamirezAppellate Division of the Supreme Court of the State of New York · 2010
- Antonia v. SrourAppellate Division of the Supreme Court of the State of New York · 2010
- Gestetner v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 2008
- Alayev v. Juster Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2014
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