Capasso v. Capasso
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Spinner, J.), entered March 24, 2010, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
On June 27, 2007, at approximately 10:30 a.m., the plaintiff was walking on the tile floor in the basement of the defendants’ home when she fell.
*998In a slip-and-fall case, a plaintiffs inability to identify the cause of the fall is fatal to the action because a finding that the defendant’s negligence,…
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