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Humphrey v. Merivil

Supreme Court of New York, Second Department

September 11, 2013

Victoria Humphrey, appellant,
v.
Monique Merivil, et al., respondents. Index No. 8413/10

DeToffol & Associates, New York, N.Y. (David J. DeToffol of counsel), for appellant.

Devitt Spellman Barrett, LLP, Smithtown, N.Y. (John M. Denby of counsel), for respondents.

REINALDO E. RIVERA, J.P., PETER B. SKELOS, CHERYL E. CHAMBERS, LEONARD B. AUSTIN, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Rothenberg, J.), dated January 6, 2012, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff allegedly sustained injuries when she slipped on a platform and thereafter fell down an exterior stairway on premises owned by the defendants, her landlords.

The defendants made a prima facie showing of entitlement to judgment as a matter of law by establishing that the plaintiff was unable to identify the cause of her fall (see Costantino v Webel, 57 A.D.3d 472, 472; Lissauer v Shaarei Halacha, Inc., 37 A.D.3d 427, 427). In opposition, the plaintiff failed to raise a triable issue of fact. The plaintiff submitted expert evidence that the step risers and treads did not comply with various sections of, inter alia, the New York City Building Code. However, the plaintiff's assertion that these alleged stairway defects proximately caused her accident is based on sheer speculation (see Thompson v Commack Multiplex Cinemas, 83 A.D.3d 929, 930-931; Kaplan v Great Neck Donuts, Inc., 68 A.D.3d 931, 932; Lissauer v Shaarei Halacha, Inc., 37 A.D.3d at 427; Grob v Kings Realty Assocs., 4 A.D.3d 394, 395; Glorioso v Schnabel, 253 A.D.2d 787, 788), and is, in fact, contradicted by the record.

In light of our determination, we need not address the parties' remaining contentions.

RIVERA, J.P., SKELOS, CHAMBERS and AUSTIN, JJ., concur.


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