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SIMKOWITZ v. TORAH

2010-02260.

81 A.D.3d 631 (2011)

915 N.Y.S.2d 877

YITZCHOK SIMKOWITZ, an Infant, by His Father and Natural Guardian, CHAIM SIMKOWITZ, et al., Appellants, v. CONGREGATION MacHZIKEI TORAH, Respondent.

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

Decided February 1, 2011.

Ordered that the order is affirmed, with costs.

The defendant established its prima facie entitlement to judgment as a matter of law by submitting, inter alia, the deposition testimony of the injured plaintiff that he was unable to identify the cause of his fall (see Murphy v New York City Tr. Auth., 73 A.D.3d 1143 [2010]; Blochl v RT Long Is. Franchise, LLC, 70 A.D.3d 993

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