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ELLIS v. CITY OF NEW YORK

303763/16. Appeal No. 12475. Case No. 2019-03645.

188 A.D.3d 594 (2020)

132 N.Y.S.3d 751

2020 NY Slip Op 06948

Dwayne Ellis, Appellant, v. City of New York, Defendant, and New York City Housing Authority, Respondent.

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

Decided November 24, 2020.

Defendant demonstrated entitlement to summary judgment by submitting plaintiff's testimony establishing that he was unable to identify the cause of his injury without speculation (see Morrissey v New York City Tr. Auth., 100 A.D.3d 464 [1st Dept 2012]; Siegel v City of New York, 86 A.D.3d 452, 454 [1st Dept 2011]). While plaintiff testified that he slipped on a "wet substance," he did not...

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