ORMSBY v. 750 SEVENTH AVE. LLC

1085, 23730/13E.

139 A.D.3d 455 (2016)

29 N.Y.S.3d 789

2016 NY Slip Op 03655

SUSAN ORMSBY, Respondent, v. 750 SEVENTH AVENUE LLC et al., Appellants, et al., Defendant.

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

Decided May 10, 2016.


Plaintiff alleged that she was struck on the head by a piece of ice that fell from a building owned and managed by defendants. At her deposition, however, she testified that she did not know the nature of the object that struck her in the head, and did not know its provenance. Accordingly, her claim that the object was both a piece of ice and that it came from defendants' premises was entirely speculative, justifying dismissal of her claim (see e.g. Harrison v New York...

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