Blochl v. RT Long Island Franchise, LLC, 70 A.D.3d 993 (N.Y. App. Div. 2010). · Go Syfert
Blochl v. RT Long Island Franchise, LLC, 70 A.D.3d 993 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
24 citation events (24 in the last 25 years) across 1 distinct court.
Strongest positive: Goldberg v. Village of Mount Kisco (nyappdiv, 2015-02-25)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
cited Cited as authority (rule) Goldberg v. Village of Mount Kisco
N.Y. App. Div. · 2015 · confidence medium
Franchise, LLC, 70 AD3d 993, 993 [2010]; Miller v 7-Eleven, Inc., 70 AD3d 791, 791 [2010]).
discussed Cited as authority (rule) Khanimov v. McDonald's Corp. (2×)
N.Y. App. Div. · 2014 · confidence medium
Franchise, LLC, 70 AD3d 993, 993 [2010]; Miller v 7-Eleven, Inc., 70 AD3d 791, 791 [2010]).
discussed Cited as authority (rule) Ash v. City of New York
N.Y. App. Div. · 2013 · confidence medium
Franchise, LLC, 70 AD3d 993, 993 [2010]; Miller v 7-Eleven, Inc., 70 AD3d 791, 791 [2010]). “ ‘[A] plaintiffs inability to identify the cause of the fall is fatal to the cause of action because a finding that the defendant’s negligence, if any, proximately caused the plaintiff’s injuries would be based on speculation’ ” (Alabre v Kings Flatland Car Care Ctr., Inc., 84 AD3d 1286, 1287 [2011], quoting Rajwan v 109-23 Owners Corp., 82 AD3d 1199, 1200 [2011] [some internal quotation marks omitted]; see Aguilar v Anthony, 80 AD3d 544, 545 [2011]).
discussed Cited as authority (rule) Ash v. City of New York
N.Y. App. Div. · 2013 · confidence medium
Franchise, LLC, 70 AD3d 993, 993 [2010]; Miller v 7-Eleven, Inc., 70 AD3d 791, 791 [2010]). “ ‘[A] plaintiffs inability to identify the cause of the fall is fatal to the cause of action because a finding that the defendant’s negligence, if any, proximately caused the plaintiff’s injuries would be based on speculation’ ” (Alabre v Kings Flatland Car Care Ctr., Inc., 84 AD3d 1286, 1287 [2011], quoting Rajwan v 109-23 Owners Corp., 82 AD3d 1199, 1200 [2011] [some internal quotation marks omitted]; see Aguilar v Anthony, 80 AD3d 544, 545 [2011]).
discussed Cited as authority (rule) Dennis v. Lakhani
N.Y. App. Div. · 2013 · confidence medium
Franchise, LLC, 70 AD3d 993, 993 [2010]; Miller v 7-Eleven, Inc., 70 AD3d 791, 791 [2010]; Bolde v Borgata Hotel Casino & Spa, 70 AD3d 617, 618 [2010]; see also Capasso v Capasso, 84 AD3d 997, 998 [2011]).
discussed Cited as authority (rule) Dennis v. Lakhani
N.Y. App. Div. · 2013 · confidence medium
Franchise, LLC, 70 AD3d 993, 993 [2010]; Miller v 7-Eleven, Inc., 70 AD3d 791, 791 [2010]; Bolde v Borgata Hotel Casino & Spa, 70 AD3d 617, 618 [2010]; see also Capasso v Capasso, 84 AD3d 997, 998 [2011]).
discussed Cited as authority (rule) Califano v. Lanes (2×)
N.Y. App. Div. · 2012 · confidence medium
Franchise, LLC, 70 AD3d 993, 993 [2010]; Miller v 7-Eleven, Inc., 70 AD3d 791, 791 [2010]; Bolde v Borgata Hotel Casino & Spa, 70 AD3d 617, 618 [2010]; Hunt v Meyers, 63 AD3d 685 [2009]; Louman v Town of Greenburgh, 60 AD3d 915, 916 [2009]; Costantino v Webel, 57 AD3d 472 [2008]; see also Capasso v Capasso, 84 AD3d 997, 998 [2011]). “ ‘[A] plaintiffs inability to identify the cause of the fall is fatal to the cause of action because a finding that the defendant’s negligence, if any, proximately caused the . . . injuries would be based on speculation’ ” (Rajwan v 109-23 Owners Corp., …
Retrieving the full opinion text from the archive…
Linda Blochl
v.
RT Long Island Franchise, LLC, Doing Business as Ruby Tuesday
Appellate Division of the Supreme Court of the State of New York.
Feb 23, 2010.
70 A.D.3d 993
Cited by 22 opinions  |  Published

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Cozzens, J.), entered October 9, 2008, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff Linda Blochl (hereinafter the plaintiff) allegedly slipped and fell in a bathroom in the defendant’s restaurant on the evening of September 26, 2003. Thereafter, the plaintiff, and her husband, suing derivatively, commenced this personal injury action against the defendant. After issue was joined, the defendant moved for summary judgment dismissing the complaint, contending, inter alia, that the plaintiff could not identify the cause of her fall.

The defendant established its entitlement to judgment as a matter of law by submitting, inter alia, the plaintiffs deposition testimony, in which she stated, in effect, that she did not know what caused her to fall (see Hunt v Meyers, 63 AD3d 685 [2009]; Reiff v Beechwood Browns Rd. Bldg. Corp., 54 AD3d 1015 [2008]). At her deposition, the plaintiff acknowledged that she did not see the substance which caused her to slip and fall before or after the accident. In opposition, the plaintiffs failed to submit evidence sufficient to raise a triable issue of fact (see CPLR 3212 [b]). The plaintiffs subsequent affidavit, in which she averred that she was “absolutely certain” that it was either water or paper on the floor which caused her to slip and fall, presented feigned issues of fact designed to avoid the consequences of her earlier deposition testimony and, thus, was insufficient to raise a triable issue of fact (see Hughes-Berg v Mueller, 50 AD3d 856, 858 [2008]). Accordingly, the Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint. Skelos, J.P., Covello, Balkin and Austin, JJ., concur.