In Gani v Avenue R Sephardic Congregation, the plaintiff allegedly fell down an interior staircase in the defendant’s synagogue. The plaintiff filed a lawsuit in Kings County Supreme Court claiming the defendant’s negligence caused the accident and his personal injuries. The defendant moved for summary judgment dismissing the complaint, arguing that the plaintiff was unable to identify the cause of his fall. The Supreme Court granted the motion and the plaintiff appealed.

The Appellate Division’s decision recapped the law as it applies to real property landowners: “In a premises liability case, a defendant real property owner, or a party in possession or control of real property, who moves for summary judgment can establish its prima facie entitlement to judgment as a matter of law by showing that it neither created the allegedly dangerous or defective condition nor had actual or constructive notice of its existence.”

However, the Court noted that there is another way to establish summary judgment: “a defendant can also establish its prima facie entitlement to judgment as a matter of law in a premises liability case by showing that the plaintiff cannot identify the cause of his or her accident.” This inability to identify the cause of the fall is fatal because a finding that the defendant’s negligence, if any, proximately caused the plaintiff’s injuries would be based on speculation.

The Appellate Division’s decision relied upon the plaintiff’s deposition testimony, which established that the plaintiff was unable to identify the cause of his fall. As such, the Appellate Division upheld the summary judgment finding of the trial court.

Thanks to George Parpas for his contribution to this post and please write to Mike Bono with any questions.