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PLAINTIFF DID NOT KNOW WHAT CAUSED HER FALL, CODE VIOLATIONS NOT CONNECTED TO THE FALL, DEFENSE SUMMARY JUDGMENT PROPERLY GRANTED.

The Second Department determined defendant’s motion for summary judgment in this slip and fall case was properly granted because plaintiff could not describe the cause of the fall. The expert affidavit citing code violations did not connect the violations to the fall:

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Here, the defendants established their prima facie entitlement to judgment as a matter of law by submitting, among other things, the plaintiff’s deposition testimony, which demonstrated that she could not identify the cause of her fall … . In opposition, the plaintiff failed to raise a triable issue of fact. Although the plaintiff submitted an expert affidavit from an engineer who asserted that the stairs violated several provisions of the “New York State Building Construction Code,” the plaintiff presented no evidence connecting these alleged violations to her fall. Thus, even assuming that an applicable code provision was violated, it would be speculative to assume that any such violation was a proximate cause of the accident … . Amster v Kromer, 2017 NY Slip Op 03720, 2nd Dept 5-10-17

NEGLIGENCE (PLAINTIFF DID NOT KNOW WHAT CAUSED HER FALL, CODE VIOLATIONS NOT CONNECTED TO THE FALL, DEFENSE SUMMARY JUDGMENT PROPERLY GRANTED)/SLIP AND FALL (PLAINTIFF DID NOT KNOW WHAT CAUSED HER FALL, CODE VIOLATIONS NOT CONNECTED TO THE FALL, DEFENSE SUMMARY JUDGMENT PROPERLY GRANTED)

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