BOSSER v. BAY RESTORATION CORP.

2009-08957.

79 A.D.3d 1086 (2010)

913 N.Y.S.2d 570

JOHN BOSSER et al., Appellants, v. BAY RESTORATION CORP. et al., Respondents.

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

Decided December 28, 2010.


Ordered that the order is affirmed, with one bill of costs.

"Although proximate cause can be established in the absence of direct evidence of causation and may be inferred from the facts and circumstances underlying the injury, mere speculation as to the cause of a fall, where there can be many causes, is fatal to a cause of action" (Manning v 6638 18th Ave. Realty Corp., 28 A.D.3d 434, 435 [2006] [internal quotation...

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