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BIRMAN v. BIRMAN

8 A.D.3d 219 (2004)

777 N.Y.S.2d 310

JUANA BIRMAN, Appellant, v. ROBERT BIRMAN, et al., Respondents. (And a Third-Party Action.)

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

June 1, 2004.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. The plaintiff's failure to establish the cause of her fall was fatal to her case (see Amadio v Pathmark Stores, 253 A.D.2d 834 [1998]). The defendants demonstrated their prima facie entitlement to judgment as a matter of law through the plaintiff's deposition testimony that...

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