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HOWE v. PRESBYTERIAN CHURCH

48 A.D.3d 419 (2008)

852 N.Y.S.2d 189

ERNEST HOWE, Respondent, v. FLATBUSH PRESBYTERIAN CHURCH, Doing Business as CHURCH OF REDEEMER, Appellant.

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

Decided February 5, 2008.

Ordered that the order is affirmed, with costs.

The plaintiff was injured when he fell down a stairway on premises owned by the defendant. The defendant failed to make a prima facie showing of its entitlement to summary judgment. "A plaintiff's inability to identify the cause of his or her fall is fatal to his or her cause of action" (Jackson v Fenton, 38 A.D.3d 495 [2007]). However, contrary to the defendant's contention...

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