Legal Opinion

Listopad v. Sherwood Equities, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided June 10, 2008PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, New York County (Louis B. York, J.), entered May 14, 2007, which, in this personal injury action, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

As there is no evidence linking defendants to the plastic sheeting that allegedly caused plaintiffs fall, a jury would be left to base its verdict on speculation, rather than logical inferences (Schneider v Kings Highway Hosp. Ctr., 67 NY2d 743, 744 [1986]).

The court properly declined to consider plaintiffs supplemental bill of particulars alleging for the first time…

2Cases cited2 opinions

  1. Schneider v. Kings Highway Hospital Center, Inc.New York Court of Appeals · 1986
  2. Boland v. KoppelmanAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by1 opinion

  1. Slates v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010

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