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COSTANTINO v. WEBEL

57 A.D.3d 472 (2008)

869 N.Y.S.2d 179

DANIELLE COSTANTINO, Appellant, v. STEVEN FRANCIS WEBEL et al., Respondents.

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

December 2, 2008.

Ordered that the order is affirmed, with costs.

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 A.D.3d 638 [2005]). In this case, the defendants made a prima showing of entitlement...

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