FISHMAN v. WESTMINSTER HOUSE OWNERS, INC.


24 A.D.3d 394 (2005)

806 N.Y.S.2d 550

JOEL FISHMAN et al., Appellants, v. WESTMINSTER HOUSE OWNERS, INC., et al., Respondents, et al., Defendants.

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

December 29, 2005.


Although plaintiff's pleadings allege that he slipped and fell on a wet ramp leading to the parking garage, his deposition testimony that he does not recollect any slippery or wet conditions on the ramp as he walked down it to get his car, and that he simply does not know what caused him to slip and fall, prima facie establishes defendants' entitlement to judgment as a matter of law (see Burnstein v. Mandalay Caterers, 306 A.D.2d 428

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