Appellate Division of the Supreme Court of New York, 2003

Hartman v. Mountain Valley Brew Pub, Inc.

Appellate Division of the Supreme Court of New York · Decided January 21, 2003

301 A.D.2d 570; 754 N.Y.S.2d 31

Cases that cite this one

53 later published cases cite this decision. The 25 that cite it most often are listed here.

Mitchell v. Mongoose, Inc. (Appellate Division of the Supreme Court of New York 2005)
Sanchez v. City of New York (Appellate Division of the Supreme Court of New York 2003)
Cipriano v. East End Disability Assoc., Inc. (Appellate Division of the Supreme Court of New York 2025)
SCVAWCR-Doe v. Archdiocese of N.Y. (New York Supreme Court, Westchester County 2024)
Cross v. Friendship Restaurant Group, LLC (Appellate Division of the Supreme Court of New York 2017)
Blocker v. Filene's Basement 51-00540 (Appellate Division of the Supreme Court of New York 2015)
DeForte v. Greenwood Cemetery (Appellate Division of the Supreme Court of New York 2014)
DeForte v. Greenwood Cemetery (Appellate Division of the Supreme Court of New York 2014)
Lamour v. Decimus (Appellate Division of the Supreme Court of New York 2014)
Lamour v. Decimus (Appellate Division of the Supreme Court of New York 2014)
Lawrence v. Norberto (Appellate Division of the Supreme Court of New York 2012)
Simkowitz v. Congregation Machzikei Torah (Appellate Division of the Supreme Court of New York 2011)
Thompson v. Commack Multiplex Cinemas (Appellate Division of the Supreme Court of New York 2011)
Antonia v. Srour (Appellate Division of the Supreme Court of New York 2010)
Dalinedesroches v. Lazard (Appellate Division of the Supreme Court of New York 2010)
Boudreau-Grillo v. Ramirez (Appellate Division of the Supreme Court of New York 2010)
Patrick v. Costco Wholesale Corp. (Appellate Division of the Supreme Court of New York 2010)
Louman v. Town of Greenburgh (Appellate Division of the Supreme Court of New York 2009)
Settimo v. City of New York (Appellate Division of the Supreme Court of New York 2009)
Owusu v. LSS Leasing Ltd. Liability Co. (Appellate Division of the Supreme Court of New York 2009)
Belles v. United Church of Warsaw (Appellate Division of the Supreme Court of New York 2009)
Morgan v. Windham Realty, LLC (Appellate Division of the Supreme Court of New York 2009)
Rizzo v. Sherwin-Williams Co. (Appellate Division of the Supreme Court of New York 2008)
Jackson v. Fenton (Appellate Division of the Supreme Court of New York 2007)
Lee v. J & R Electronic, Inc. (Appellate Division of the Supreme Court of New York 2007)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Rockland County (Bergerman, J.), entered October 11, 2001, as granted that branch of the defendant’s motion which was for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Helen L. Hartman allegedly was injured when she fell on a ramp inside a pub owned by the defendant. The plaintiffs commenced this action to recover damages for personal injuries, alleging that the ramp constituted a dangerous condition. Hartman’s depositions revealed that she suffered memory difficulties, and at times could not recall the accident. The Supreme Court, inter alia, granted that branch of the defendant’s motion which was for summary judgment dismissing the complaint, and we affirm insofar as appealed from.

In opposition to the defendant’s prima facie showing of its entitlement to judgment as a matter of law, the plaintiffs failed to submit any competent evidence fending to establish that the defendant’s alleged negligence was a substantial cause of the events leading to Hartman’s injuries (see Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315). Although the absence of direct evidence of causation would not necessarily compel a grant of summary judgment in favor of the defendant, as proximate cause may be inferred from the facts and circumstances underlying the injury, the evidence must be sufficient to permit a finding based on logical inferences from the record and not upon speculation alone (see Schneider v Kings Highway Hosp. Ctr., 67 NY2d 743, 744).

Hartman’s admission at her deposition that she could not identify the alleged defect that caused her to fall is fatal to the complaint since the trier of fact would be required to base a finding of proximate cause upon nothing more than speculation (see Barretta v Trump Plaza Hotel & Casino, 278 AD2d 262, 263; Amadio v Pathmark Stores, 253 AD2d 834; Dapp v Larson, 240 AD2d 918, 919; Earle v Channel Home Ctr., 158 AD2d 507, 508). Her affidavit submitted in opposition to the defendant’s motion was clearly designed “to avoid the consequences *571of the earlier admissions” (Prunty v Keltie’s Bum Steer, 163 AD2d 595, 596; see Garvin v Rosenberg, 204 AD2d 388). Moreover, the speculative and conclusory assertions proffered by the plaintiffs’ expert were insufficient to defeat summary judgment (see Gonzalez v 98 Mag Leasing Corp., 95 NY2d 124, 129; Barretta v Trump Plaza Hotel & Casino, supra).

In light of this determination, we do not reach the plaintiffs’ remaining contentions. S. Miller, J.P., Schmidt, Townes and Crane, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.