Denicola v. Costello
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, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Johnson, J.), dated May 18, 2006, as granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant established his prima facie entitlement to judgment as a matter of law by demonstrating that the injured plaintiff was unable to identify the cause of her fall (see Bottiglieri v Wheeler, 38 AD3d 818 [2007]; Lissauer v Shaarei…
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