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SMITH v. JESADAN MEAT CORP.

2013-01609

120 A.D.3d 1332 (2014)

991 N.Y.S.2d 805

2014 NY Slip Op 06194

SHEILA SMITH, Appellant, v. JESADAN MEAT CORP., Doing Business as ASSOCIATED SUPERMARKET, et al., Respondents.

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

Decided September 17, 2014.

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 McFadden v 726 Liberty Corp.,

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