Morgan v. Windham Realty, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*829Contrary to the plaintiffs’ contention, the plaintiff Patsy Morgan (hereinafter the plaintiff), at her deposition, failed to identify a “very sharp decline” and “rich . . . black asphalt,” which allegedly was slippery, as the causes of her fall on the subject driveway (see Bishop v Marsh, 59 AD3d 483 [2009]). Thus, the defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff was unable to identify the exact cause of her fall (see Costantino v Webel, 57 AD3d 472 [2008]; Stanojevic v Scotto Bros. Rest. Enters., Inc., 16 AD3d 575,…
2Cases cited17 opinions
- Hartman v. Mountain Valley Brew Pub, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Teplitskaya v. 3096 Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- 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
- Curran v. EspositoAppellate Division of the Supreme Court of the State of New York · 2003
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pol v. GjonbalajAppellate Division of the Supreme Court of the State of New York · 2015
- McRae v. VenutoAppellate Division of the Supreme Court of the State of New York · 2016
- Rizos v. Galini Seafood RestaurantAppellate Division of the Supreme Court of the State of New York · 2011
- Montemarano v. Sodexo, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Douse v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
4 more not listed; retrieve them via the Exa API.