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CAPASSO v. CAPASSO

No. 105940/2008, Mot. Seq. No. 002, Mot. Seq. No. 003.

84 A.D.3d 997 (2011)

923 N.Y.S.2d 199

ANGELIKA CAPASSO, Appellant, v. SUSANNE CAPASSO et al., Respondents.

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

Decided May 17, 2011.

Ordered that the order is affirmed, with costs.

On June 27, 2007, at approximately 10:30 A.M., the plaintiff was walking on the tile floor in the basement of the defendants' home when she fell.

In a slip-and-fall case, a plaintiff's inability to identify the cause of the fall is fatal to the action because a finding that the defendant's negligence, if any, proximately caused the plaintiff's injuries would be based...

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