In this case, the plaintiff claimed injuries following a fall on property owned by a gas company. The defendant-tenant leased part of the property from the gas company. Both gas company and the tenant moved for summary judgment to dismiss the amended complaint, and the Supreme Court granted their motions. The plaintiff appealed the Decision.
On appeal, the Appellate Division, Second Department, noted that plaintiff’s proof was speculative because he could not identify the cause of the fall without speculating that it was due to a property defect. As a result, the Appellate Division agreed that plaintiff had failed to present sufficient evidence to challenge the defendants’ motions, and unanimously affirmed the lower court’s ruling in its entirety.