The Second Department, reversing Supreme Court, determined the slip and fall case should have been dismissed. Although plaintiff alleged she slipped on a marble floor, she did not know the cause of her fall:
The defendants established their prima facie entitlement to judgment as a matter of law by submitting evidence, including a transcript of the plaintiff’s deposition testimony, which demonstrated that the plaintiff was unable to identify the cause of her fall … . Scimone v LT Propco, LLC, 2016 NY Slip Op 05915, 2nd Dept 8-31-16
NEGLIGENCE (FACT THAT PLAINTIFF SLIPPED AND FELL ON A MARBLE FLOOR DID NOT ESTABLISH THE CAUSE OF THE FALL, COMPLAINT SHOULD HAVE BEEN DISMISSED)/SLIP AND FALL (FACT THAT PLAINTIFF SLIPPED AND FELL ON A MARBLE FLOOR DID NOT ESTABLISH THE CAUSE OF THE FALL, COMPLAINT SHOULD HAVE BEEN DISMISSED)