Amadio v. Pathmark Stores, Inc.

Full title: ANNA AMADIO et al., Appellants, v. PATHMARK STORES, INC., Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 28, 1998

253 A.D.2d 834 (N.Y. App. Div. 1998)

678 N.Y.S.2d 500

Opinion

September 28, 1998

Appeal from the Supreme Court, Suffolk County (Doyle, J.).

Ordered that the order is affirmed, with costs.

The plaintiffs failure to establish the cause of the injured plaintiff's fall is fatal to their case ( Skay v. Public Lib., 238 A.D.2d 397; Leary v. North Shore Univ. Hosp., 218 A.D.2d 686, 687; Vinicio v. Marriott Corp., 217 A.D.2d 656; Garvin v. Rosenberg, 204 A.D.2d 388; Earle v. Channel Home Ctr., 158 A.D.2d 507). Moreover, the plaintiffs failed to establish that the defendants alleged violation of the New York State Executive Code was a proximate cause of the injured plaintiff's accident ( see, Gleason v. Reynolds Leasing Corp., 227 A.D.2d 375; Lectora v. Gundrum, 225 A.D.2d 738; Poggiali v. Town of Babylon, 219 A.D.2d 626; ). Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.

Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.