Legal Opinion

Mallen v. Farmingdale Lanes, LLC

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

Decided November 22, 2011PublishedCited by 13 opinions

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

  1. Hyde v. County of RensselaerNew York Court of Appeals · 1980
  2. Daliendo v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1989
  3. Patrick v. Costco Wholesale Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  4. Roldan v. New York UniversityAppellate Division of the Supreme Court of the State of New York · 2011
  5. 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

  1. DiLorenzo v. S.I.J. Realty Co.Appellate Division of the Supreme Court of the State of New York · 2014
  2. MVB Collision, Inc. v. Progressive InsuranceAppellate Division of the Supreme Court of the State of New York · 2015
  3. Steinsvaag v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  4. Feinberg v. SanzAppellate Division of the Supreme Court of the State of New York · 2014
  5. 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.

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