Mallen v. Farmingdale Lanes, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*997The defendant established its prima facie entitlement to judgment as a matter of law by submitting, inter alia, the deposition testimony of the plaintiff, which demonstrated that the plaintiff could not identify the cause of her fall (see Patrick v Costco Wholesale Corp., 77 AD3d 810, 810 [2010]; Blochl v RT Long Is. Franchise, LLC, 70 AD3d 993 [2010]; Louman v Town of Greenburgh, 60 AD3d 915 [2009]).
In opposition, the plaintiff failed to raise a triable issue of fact. The plaintiff’s expert affidavit was speculative and conclusory and, therefore, insufficient to raise a triable issue of fact…
2Cases cited10 opinions
- Hyde v. County of RensselaerNew York Court of Appeals · 1980
- Daliendo v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1989
- Patrick v. Costco Wholesale Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Roldan v. New York UniversityAppellate Division of the Supreme Court of the State of New York · 2011
- Louman v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2009
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
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- Steinsvaag v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Feinberg v. SanzAppellate Division of the Supreme Court of the State of New York · 2014
- Bank of N.Y. Mellon v. GordonAppellate Division of the Supreme Court of the State of New York · 2019
8 more not listed; retrieve them via the Exa API.