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THOMPSON-SHEPARD v. LIDO HALL CONDOMINIUMS

8249. 153404/13.

168 A.D.3d 614 (2019)

92 N.Y.S.3d 33

2019 NY Slip Op 00576

Patricia Thompson-Shepard et al., Appellants, v. Lido Hall Condominiums et al., Respondents.

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

Decided January 29, 2019.

This action, brought to recover damages for injuries sustained by plaintiff's decedent (unrelated to his death) in a fall on a staircase, rests on "pure surmise" as to the cause of the accident (see Kane v Estia Greek Rest., 4 A.D.3d 189, 191 [1st Dept 2004]). It is undisputed that the accident was unwitnessed, and plaintiff's testimony, which was limited to after-the-fact observations, reflected that she did not know the cause of...

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