Kijanka v Orleans Community Health

Holding The Appellate Division reversed the lower court’s grant of summary judgment because the defendants failed to meet their initial burden of showing the plaintiff could not identify the cause of her fall. The court found that the plaintiff’s deposition testimony clearly identified a specific pothole as the cause, precluding the claim that her account was speculative.

The court’s words

plaintiff clearly testified that the cause of her fall was a large shallow pothole on the side of the parking lot nearest the street

2026 NY Slip Op 05871, at the official text

In a slip and fall case, a defendant may establish its prima facie entitlement to judgment as a matter of law by submitting evidence that the plaintiff cannot identify the cause of [their] fall

2026 NY Slip Op 05871, at the official text

Inasmuch as defendants failed to meet their initial burden on the motion, we need not consider the sufficiency of plaintiff's opposing papers

2026 NY Slip Op 05871, at the official text