Summary
The Appellate Division, Second Department affirmed the Supreme Court's grant of summary judgment dismissing a plaintiff's personal injury complaint alleging injuries from a trip-and-fall on a defective sidewalk. The court found that the defendant established its prima facie entitlement to judgment by submitting deposition testimony showing the plaintiff could not identify the location or cause of her fall without speculation. Because the plaintiff failed to raise a triable issue of fact in opposition, the lower court's dismissal was properly upheld.
Topics
Practice areas
Questions Presented
- Whether the plaintiff raised a genuine issue of material fact to defeat summary judgment in a trip‑and‑fall action
- Whether the defendant was entitled to summary judgment as a matter of law
Holdings
- The plaintiff failed to raise a triable issue of fact; therefore the defendant was entitled to summary judgment as a matter of law.
Key quotations
“To impose liability upon a defendant in possession of real property in a trip‑and‑fall action, there must be evidence that a dangerous or defective condition existed and that the defendant either created the condition or had actual or constructive notice of it and failed to remedy it within a reasonable time.”
Factual background
Jacqueline Coates tripped and fell on a sidewalk that she alleged was defective and located on or abutting Brooklyn Hospital Center's property. After discovery, she was unable to identify the precise location or cause of her fall.
Procedural history
The plaintiff filed a personal injury action alleging a trip-and-fall on a defective sidewalk on the defendant's property. The defendant moved for summary judgment on the ground that the plaintiff could not identify the location or cause of her fall. The trial court granted the motion and entered judgment in favor of the defendant on November 5, 2020. The plaintiff appealed.