Costantino v. Webel
Cases that cite this one
39 later published cases cite this decision. The 25 that cite it most often are listed here.
- Grande v. Won Hee Lee (Appellate Division of the Supreme Court of New York 2019)
- Haibi v. 790 Riverside Drive Owners, Inc. (Appellate Division of the Supreme Court of New York 2017)
- Califano v. Lanes (Appellate Division of the Supreme Court of New York 2012)
- Morgan v. Windham Realty, LLC (Appellate Division of the Supreme Court of New York 2009)
- Dubois v. Jenrich (Appellate Division of the Supreme Court of New York 2025)
- Huertas v. Town of Smithtown (Appellate Division of the Supreme Court of New York 2024)
- Buckstine v. Schor (Appellate Division of the Supreme Court of New York 2023)
- Mallen v. Dekalb Corp. (Appellate Division of the Supreme Court of New York 2020)
- DiSanto v. Spahiu (Appellate Division of the Supreme Court of New York 2019)
- Eisenstein v. Block 5298, Inc. (Appellate Division of the Supreme Court of New York 2018)
- Vojvodic v. City of New York (Appellate Division of the Supreme Court of New York 2017)
- Cross v. Friendship Restaurant Group, LLC (Appellate Division of the Supreme Court of New York 2017)
- Hahn v. Go Go Bus Tours, Inc. (Appellate Division of the Supreme Court of New York 2016)
- Mitgang v. PJ Venture HG, LLC (Appellate Division of the Supreme Court of New York 2015)
- Brown v. Bristal Assisted Living at Lynbrook (Appellate Division of the Supreme Court of New York 2015)
- Barone v. Concert Service Specialists, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Viviano v. KeyCorp (Appellate Division of the Supreme Court of New York 2015)
- Pascucci v. MPM Real Estate, LLC (Appellate Division of the Supreme Court of New York 2015)
- Patrikis v. Arniotis (Appellate Division of the Supreme Court of New York 2015)
- Amico v. Kasneci (Appellate Division of the Supreme Court of New York 2015)
- Rivera v. J. Nazzaro Partnership, L.P. (Appellate Division of the Supreme Court of New York 2014)
- Belousov v. Warnock (Appellate Division of the Supreme Court of New York 2013)
- Belousov v. Warnock (Appellate Division of the Supreme Court of New York 2013)
- Humphrey v. Merivil (Appellate Division of the Supreme Court of New York 2013)
- Humphrey v. Merivil (Appellate Division of the Supreme Court of New York 2013)
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
Proximate cause may be established without direct evidence of causation, by inference from the circumstances of the accident; however, mere speculation as to the cause of an accident, when there could have been many possible causes, is fatal to a cause of action (see Oettinger v Amerada Hess Corp., 15 AD3d 638 [2005]). In this case, the defendants made a prima showing of entitlement to judgment as a matter of law by establishing that the plaintiff could not identify the cause of her fall without engaging in speculation (see Manning v 6638 18th Ave. Realty Corp., 28 AD3d 434 [2006]; Christopher v New York City Tr. Auth., 300 AD2d 336 [2002]; Barnes v Di Benedetto, 294 AD2d 655 [2002]).
In opposition, the plaintiff failed to raise a triable issue of fact (see Zuckerman v City of New York, 49 NY2d 557 [1980]). The affidavit of her expert, which alleged that unsafe conditions in the doorway where the plaintiff fell violated various provisions of the building code, could not create a reasonable inference of causation in the absence of evidence connecting the alleged violations to the accident (see Reiff v Beechwood Browns Rd. Bldg. Corp., 54 AD3d 1015 [2008]; Reed v Piran Realty Corp., 30 AD3d 319 [2006]). A determination that the alleged building code violations proximately caused the plaintiff’s fall, rather
Case-law data current through September 30, 2026. Source: CourtListener bulk data.