Viviano v. KeyCorp
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, Orange County (Slobod, J.), dated June 3, 2013, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
A plaintiffs inability to identify the cause of her fall is fatal to a cause of action to recover damages for personal injuries because a finding that the defendant’s negligence, if any, proximately caused the plaintiffs injuries would be based on speculation (see Ash v City of New York, 109 AD3d 854, 855…
2Cases cited9 opinions
- Ash v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Manning v. 6638 18th Avenue Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Patrick v. Costco Wholesale Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Costantino v. WebelAppellate Division of the Supreme Court of the State of New York · 2008
- Louman v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2009
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Zorin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
- Vojvodic v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Zhu v. NataleAppellate Division of the Supreme Court of the State of New York · 2015
- Gaither-Angus v. Adelphi Univ.Appellate Division of the Supreme Court of the State of New York · 2020
- Hoovis v. Grand City 99 Cents Store, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
11 more not listed; retrieve them via the Exa API.