In Calciano v Tarragon Corp. 2015 NY Slip Op. 01234, plaintiff commenced an action based upon personal injuries he sustained in an alleged slip and fall accident. However, he could not specifically identify the cause of his injury. Therefore, he could not prove that the defendant’s negligence proximately caused his accident. As such, defendant was entitled to summary judgment because plaintiff could not identify the cause of his accident without resorting to speculation.

The point here is to make certain the plaintiff can identify, with specificity, the cause of his or her accident.  Speculation does not constitute proof, and failure to identify the defect should result in dismissal. Thanks to Alison Weintraub for her contribution to this post. Please contact Brian Gibbons for more information.