REASONS GIVEN FOR FALL WERE "SPECULATIVE" IN NATURE
After A.L. tripped and fell on a walkway owned by GNY, LLC, a personal injury lawsuit was filed.
When the Queens County Supreme Court ended up siding with the owner and dismissed the case, an appeal followed.
On its review, the Appellate Division, Second Department, noted that the plaintiff was unable to show how she fell and what caused her fall. (“At her deposition, [A.L.] testified that she did not know whether she slipped or tripped and that she did not know what had caused her to fall.”)
Because that lack of knowledge was fatal to her case, and any alleged building code violations and dangerous conditions that were identified by A.L.’s expert were viewed as entirely speculative in nature, the AD2 affirmed the dismissal.
Was that lawsuit filed by accident?
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DECISION