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BABITSKAYA v. MOSVIDEOFILM RUSSIA, INC.

2011-09874.

98 A.D.3d 639 (2012)

950 N.Y.S.2d 275

2012 NY Slip Op 6006

BERTA BABITSKAYA, Appellant, v. MOSVIDEOFILM RUSSIA, INC., et al., Defendants, and N. MAYFLOWER, INC., et al., Respondents.

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

Decided August 22, 2012.

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

"In a slip-and-fall case, a plaintiff's inability to identify the cause of the 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" (Patrick v Costco Wholesale Corp., 77 A.D.3d 810, 810 [2010]; see Califano...

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