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LISTOPAD v. SHERWOOD EQUITIES, INC.

52 A.D.3d 300 (2008)

858 N.Y.S.2d 600

JUDITH A. LISTOPAD, Appellant, v. SHERWOOD EQUITIES, INC., et al., Respondents, et al., Defendant.

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

Decided June 10, 2008.

As there is no evidence linking defendants to the plastic sheeting that allegedly caused plaintiff's fall, a jury would be left to base its verdict on speculation, rather than logical inferences (Schneider v Kings Highway Hosp. Ctr., 67 N.Y.2d 743, 744 [1986]).

The court properly declined to consider plaintiff's supplemental bill of particulars alleging for the first time that her fall was caused by poor lighting (see...

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