Walsh v. Murphy
| Decision Date | 28 December 1999 |
| Citation | 267 A.D.2d 172,700 N.Y.S.2d 32 |
| Parties | MARGARET WALSH, Appellant,<BR>v.<BR>DENNIS MURPHY et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Concur — Tom, J. P., Wallach, Lerner, Saxe and Buckley, JJ.
In view of the fact that the evidence permits no more than speculation as to the cause of plaintiff's fall down defendants' staircase, the IAS Court properly granted defendants summary relief (see, Zuckerman v City of New York, 49 NY2d 557, 562). Also proper was the IAS Court's denial of plaintiff's motion to renew since plaintiff's submission of a medical affidavit as to her loss of memory of the accident did not in any way ameliorate the fatal evidentiary deficiency. Contrary to plaintiff's argument, the Noseworthy doctrine (see, Noseworthy v City of New York, 298 NY 76, 80-81) is not applicable to this case, since defendants' knowledge as to the cause of plaintiff's fall is no greater than that of plaintiff (see, Lynn v Lynn, 216 AD2d 194, 195).
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