MCLEAN v. SHANGHAI CITY CORP (2026)

Order, Supreme Court, New York County (Judy H. Kim, J.), entered March 21, 2025, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff testified that she slipped and fell while walking down a staircase at defendant's restaurant.  Defendant failed to establish prima facie entitlement to summary judgment, as it did not establish as a matter of law that plaintiff could only speculate about the cause of the accident. (see Taveras v. 1149 Webster Realty Corp., 134 A.D.3d 495, 496–497, 23 N.Y.S.3d 162 [1st Dept. 2015], affd 28 N.Y.3d 958, 38 N.Y.S.3d 516, 60 N.E.3d 411 [2016];  cf.  Ellis v. City of New York, 188 A.D.3d 594, 594–595, 132 N.Y.S.3d 751 [1st Dept. 2020]).  Further, plaintiff's statements in her affirmation in opposition to the motion that she slipped on a “slippery substance” did not contradict her deposition testimony, in which she testified that “something slippery” caused her to fall (see Bosshart v. Pryce, 276 A.D.2d 314, 315, 714 N.Y.S.2d 40 [1st Dept. 2000]).

We have considered defendant's remaining contentions and find them unavailing.