Bitterman v. Grotyohann
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, Kings County (Johnson, J.), dated April 27, 2001, which granted the defendants’ cross motion for summary judgment dismissing the complaint and denied as academic her motion for a trial preference.
Ordered that the order is affirmed, with costs.
The defendant homeowners satisfied their initial burden on *384their motion for summary judgment by demonstrating that any determination as to what caused the plaintiff to fall from their front steps would be based on speculation (see Bernstein v…
2Cases cited5 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Bernstein v. City of New YorkNew York Court of Appeals · 1987
- Teplitskaya v. 3096 Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Jefferson v. Temco Services Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Conry v. AvellinoAppellate Division of the Supreme Court of the State of New York · 2001
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