VOJVODIC v. CITY OF NEW YORK

2015-01589, 2015-02289, Index No. 2802/11.

148 A.D.3d 1086 (2017)

2017 NY Slip Op 02085

51 N.Y.S.3d 534

NEBOJSA VOJVODIC et al., Appellants, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 22, 2017.


Ordered that the order dated October 22, 2014, and the judgment are affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

A plaintiff's inability to identify the cause of his or her fall is fatal to a cause of action to recover damages for personal injuries because a finding that the defendant's negligence, if any, proximately caused the plaintiff's injuries would be based on speculation...

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