CARRASQUILLO v. DEDOTO (2021)

DECISION & ORDER

In an action to recover damages for personal injuries, etc., the plaintiff Evelyn Carrasquillo appeals from an order of the Supreme Court, Rockland County (Robert M. Berliner, J.), dated April 24, 2019.  The order, insofar as appealed from, granted that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff Evelyn Carrasquillo.

ORDERED that the order is affirmed insofar as appealed from, with costs.

On December 21, 2013, at about 10:00 p.m., the plaintiff Evelyn Carrasquillo (hereinafter the plaintiff) allegedly fell on the exterior grounds of the defendants' premises in Rockland County.  The plaintiff, and her husband suing derivatively, commenced this action against the defendants.  The defendants moved for summary judgment dismissing the complaint, contending, inter alia, that the plaintiff did not know what had caused her to fall.  The Supreme Court, among other things, granted that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff.  The plaintiff appeals.

In a trip-and-fall case, a defendant may establish its prima facie entitlement to judgment as a matter of law by submitting evidence that the plaintiff cannot identify the cause of his or her fall (see Hoovis v. Grand City 99 Cents Store, Inc., 146 A.D.3d 866, 45 N.Y.S.3d 524;  Rivera v. J. Nazzaro Partnership, L.P., 122 A.D.3d 826, 827, 995 N.Y.S.2d 747).  Here, the defendants established their entitlement to judgment as a matter of law by demonstrating, prima facie, that the plaintiff could not identify the cause of her fall without engaging in speculation (see Segal v. Haverstraw Mar. Corp., 176 A.D.3d 887, 888, 107 N.Y.S.3d 893;  Phillips v. LSS Leasing Ltd. Liab. Co., 176 A.D.3d 750, 751, 107 N.Y.S.3d 716;  Rivera v. J. Nazzaro Partnership, L.P., 122 A.D.3d at 827, 995 N.Y.S.2d 747;  Ash v. City of New York, 109 A.D.3d 854, 855–856, 972 N.Y.S.2d 594).  In opposition, the plaintiff failed to raise a triable issue of fact.

Accordingly, the Supreme Court properly granted that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff.

DILLON, J.P., CHAMBERS, LASALLE and IANNACCI, JJ., concur.