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ACUNIA v. NEW YORK CITY DEPARTMENT OF EDUCATION

1839, 14551/05

68 A.D.3d 631 (2009)

2009 NY Slip Op 9537

891 N.Y.S.2d 70

BRAULIO ACUNIA, an Infant, by His Mother and Natural Guardian, ANGELA SALGADO, et al., Appellants, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

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

Decided December 22, 2009.

The infant plaintiff, an eighth grade student, slipped and fell while playing basketball in the school gymnasium. Although a plaintiff bears no burden to identify precisely what caused his slip and fall, mere speculation about causation is inadequate to sustain the cause of action (Segretti v Shorenstein Co., E., 256 A.D.2d 234, 235 [1998]). Furthermore, the fact that a floor is slippery...

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