AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

ROBERT ARBUSTO, Appellant, v. AMERADA HESS CORPORATION, Doing Business as HESS EXPRESS, Respondent.

Ordered that the order is affirmed, with costs.

The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff was unable to identify the cause of his fall ( see Birman v. Birman, 8 AD3d 219; Garvin v. Rosenberg, 204 AD2d 388).

The plaintiff's opposing affidavit, in which he sought to identify the cause of his fall, merely raised a feigned issue of fact, which was insufficient to defeat the motion ( see Garvin v. Rosenberg, supra). In addition, the unsworn report of the plaintiff's expert failed to set forth any alleged unsafe condition which contributed to the plaintiff's fall ( see Birman v. Birman, supra at 220; Speirs v. Dick's Clothing Sporting Goods, 268 AD2d 581). Therefore, the Supreme Court properly granted summary judgment to the defendant.

The plaintiff's remaining contention is without merit.

Use AI to get other relevant cases.

Comments

ARBUSTO v. AMERADA HESS CORPORATION
(Mar 21, 2005)