Opinion
08-31-2016
Joanne SCIMONE, respondent, v. LT PROPCO, LLC, et al., appellants.
Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, N.Y. (Gregory I. Freedman of counsel), for appellants. Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., Mineola, N.Y. (Martin Block of counsel), for respondent.
Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, N.Y. (Gregory I. Freedman of counsel), for appellants.
Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., Mineola, N.Y. (Martin Block of counsel), for respondent.
Opinion
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Parga, J.), entered October 29, 2015, which denied their motion for summary judgment dismissing the complaint.
ORDERED that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.
The plaintiff allegedly was injured when she slipped and fell on a marble floor inside a Lord & Taylor department store located in Garden City. The plaintiff thereafter commenced this action to recover damages for personal injuries, and the defendants moved for summary judgment dismissing the complaint. The Supreme Court denied the motion. We reverse.
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 (see Williams v. Vines, 128 A.D.3d 1056, 1057, 10 N.Y.S.3d 311 ; Grossi v. Ralph Aievoli & Son, Inc., 125 A.D.3d 803, 804, 1 N.Y.S.3d 842 ; Peluso v. Red Rose Rest., Inc., 106 A.D.3d 972, 965 N.Y.S.2d 603 ). In opposition, the plaintiff failed to raise a triable issue of fact.
Accordingly, the Supreme Court should have granted the defendants' motion for summary judgment dismissing the complaint.
RIVERA, J.P., LEVENTHAL, HINDS–RADIX and BRATHWAITE NELSON, JJ., concur.