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CHIMILIO-RAMOS v. BANGUERA

62 A.D.3d 538 (2009)

879 N.Y.S.2d 417

LIDIA CHIMILIO-RAMOS, Appellant, v. MARIA H. BANGUERA, Doing Business as MANA USED FURNITURE, et al., Defendants, and ADONAI REALTY, LP, Respondent. (And a Third-Party Action.)

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

Decided May 19, 2009.

The motion court erred in granting defendant summary judgment on the ground that plaintiff "was unable to identify the cause of her accident." Despite plaintiff's inability to remember the precise details of her fall, there is sufficient evidence to permit a reasonable inference, based on "the logic of common experience," that either defendant or the boiler contractor working for defendant was negligent in failing to guard, barricade...

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