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DALINEDESROCHES v. LAZARD

Appellate Division of the Supreme Court of New York, Second Department.
Feb 2, 2010
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Ordered that the order is affirmed, with costs.

The defendant established her prima facie entitlement to judgment as a matter of law by submitting the plaintiffs deposition testimony, in which the plaintiff was unable to explain what caused her to trip and fall ( see Curran v Esposito, 308 AD2d 428, 429; Hartman v Mountain Val. Brew Pub, 301 AD2d 570), and proof that the stairway in question was not defective. In response, the plaintiff failed to raise a triable issue of fact as to the cause of the accident or the existence of any defective condition on the stairway ( see Manning v 6638 18th Ave. Realty Corp., 28 AD3d 434, 435).

Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.