Opinion
Submitted April 12, 2000.
May 22, 2000.
In an action to recover damages for personal injuries, etc., the defendant Motown Cafe, LLC, appeals from an order of the Supreme Court, Kings County (Barron, J.), dated July 28, 1999, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Bellard Elber, Brooklyn, N.Y. (Marc Silverstein of counsel), for appellant.
Frederic A. Nicholson, Brooklyn, N.Y., and Pollack, Pollack, Isaac DeCicco, New York, N.Y. (Brian J. Isaac of counsel), for respondent (one brief filed).
Before: GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.
The Supreme Court erred when it denied the appellant's motion for summary judgment dismissing the complaint insofar as asserted against it, because the plaintiff was only able to speculate as to the cause of her fall (see, Aronow v. Long Is. Jewish Med. Ctr., ___ A.D.2d ___ [2d Dept., Jan. 18, 2000]; Roff v. Trump Castle Assocs., 243 A.D.2d 698; Garvin v. Rosenberg, 204 A.D.2d 388).
MANGANO, P.J., SANTUCCI, KRAUSMAN, FLORIO and SCHMIDT, JJ., concur.