WALSH v. MURPHY


267 A.D.2d 172 (1999)

700 N.Y.S.2d 32

MARGARET WALSH, Appellant, v. DENNIS MURPHY et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 28, 1999.


In view of the fact that the evidence permits no more than speculation as to the cause of plaintiff's fall down defendants' staircase, the IAS Court properly granted defendants summary relief (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562). Also proper was the IAS Court's denial of plaintiff's motion to renew since plaintiff's submission of a medical affidavit as to her loss of memory of the accident did not in any way ameliorate...

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