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ARBUSTO v. AMERADA HESS CORPORATION

16 A.D.3d 527 (2005)

790 N.Y.S.2d 892

ROBERT ARBUSTO, Appellant, v. AMERADA HESS CORPORATION, Doing Business as HESS EXPRESS, Respondent.

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

March 21, 2005.

Ordered that the order is affirmed, with costs.

The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff was unable to identify the cause of his fall (see Birman v Birman, 8 A.D.3d 219 [2004]; Garvin v Rosenberg, 204 A.D.2d 388 [1994]).

The plaintiff's opposing affidavit, in which he sought to identify the cause...

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