| McLean v Shanghai City Corp. |
| 2026 NY Slip Op 00057 [245 AD3d 440] |
| January 8, 2026 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Erin Hanlon McLean, Respondent, v Shanghai City Corp., Doing Business as Joe's Shanghai, Appellant. |
Pillinger Miller Tarallo, LLP, Elmsford (Lauren R. Turkel of counsel), for appellant.
Mejias, Milgrim, Alvarado & Lindo, P.C., Glen Cove (Miguel A. Alvarado of counsel), for respondent.
Negligence
- Maintenance of Premises
- Slip and Fall Down Staircase
- Testimony Neither Speculative Nor Contradictory
Order, Supreme Court, New York County (Judy H. Kim, J.), entered March 21, 2025, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff testified that she slipped and fell while walking down a staircase at defendant's restaurant. Defendant failed to establish prima facie entitlement to summary judgment, as it did not establish as a matter of law that plaintiff could only speculate about the cause of the accident. (see Taveras v 1149 Webster Realty Corp., 134 AD3d 495, 496-497 [1st Dept 2015], affd 28 NY3d 958 [2016]; cf. Ellis v City of New York, 188 AD3d 594, 594-595 [1st Dept 2020]). Further, plaintiff's statements in her affirmation in opposition to the motion that she slipped on a "slippery substance" did not contradict her deposition testimony, in which she testified that "something slippery" caused her to fall (see Bosshart v Pryce, 276 AD2d 314, 315 [1st Dept 2000]).
We have considered defendant's remaining contentions and find them unavailing. Concur—Moulton, J.P., Scarpulla, Rosado, O'Neill Levy, Chan, JJ.