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McFADDEN v. 726 LIBERTY CORP.

2010-10593.

89 A.D.3d 1067 (2011)

933 N.Y.S.2d 617

2011 NY Slip Op 8733

ANTHONY McFADDEN, Appellant, v. 726 LIBERTY CORP., Respondent.

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

Decided November 29, 2011.

Ordered that the order is affirmed, with costs.

"`[A] plaintiff's inability to identify the cause of the [subject] fall is fatal to the cause of action because a finding that the defendant's negligence, if any, proximately caused the plaintiff's injuries would be based on speculation'" (Alabre v Kings Flatland Car Care Ctr., Inc., 84 A.D.3d 1286, 1287 [2011], quoting Rajwan v 109-23 Owners Corp., 82...

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