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NELSON v. CITY OF NEW YORK

Appellate Division of the Supreme Court of New York, Second Department.
May 10, 2004
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DECISION ORDER

ORDERED that the order is affirmed, with costs.

The defendants established their prima facie entitlement to summary judgment dismissing the complaint in this trip-and-fall action by demonstrating that the plaintiff was unable to state at her deposition what caused her to fall ( see Novoni v. LaParma Corp., 278 A.D.2d 393; Capraro v. Staten Is. Univ. Hosp., 245 A.D.2d 256). In opposition, the plaintiff failed to raise a triable issue of fact. Therefore, upon renewal, the Supreme Court properly granted the defendants' motion for summary judgment.

RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.