JACKSON v. FENTON, JR.


38 A.D.3d 495 (2007)

831 N.Y.S.2d 260

SHARON JACKSON, Respondent, v. JOHN J. FENTON, JR., et al., Appellants.

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

Decided March 6, 2007.


Ordered that the order is affirmed, with costs.

The defendants failed to make a prima facie showing of entitlement to judgment as a matter of law. A plaintiff's inability to identify the cause of his or her fall is fatal to his or her cause of action (see Manning v 6638 18th Ave. Realty Corp., 28 A.D.3d 434 [2006]; Fox v Watermill Enters., Inc., 19 A.D.3d 364 [2005]; Rodriguez...

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