SHEFFIELD v. JOSEPH


4 A.D.3d 522 (2004)

771 N.Y.S.2d 729

CORIN SHEFFIELD et al., Appellants, v. MARY JOSEPH et al., Respondents.

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

February 23, 2004.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiffs brought this action against the City of Peekskill and the owner of the property where the plaintiff Corin Sheffield (hereinafter the infant plaintiff) allegedly tripped and fell. The defendants made out their prima facie entitlement to summary judgment by establishing that the plaintiffs were merely speculating as to the cause of the infant plaintiff's fall (see...

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