| Listopad v Sherwood Equities, Inc. |
| 2008 NY Slip Op 05340 |
| Decided on June 10, 2008 |
| Appellate Division, First Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 10, 2008
Tom, J.P., Mazzarelli, Gonzalez, Sweeny, DeGrasse, JJ.
3874 107059/05
v
Sherwood Equities, Inc., et al., Defendants-Respondents, C.P. Construction Corp., Defendant.
Smiley & Smiley, LLP, New York (Andrew J. Smiley of
counsel), for appellant.
Fiedelman & McGaw, Jericho (Dawn C. DeSimone of
counsel), for respondents.
Order, Supreme Court, New York County (Louis B. York, J.), entered May 14, 2007, which, in this personal injury action, granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
As there is no evidence linking defendants to the plastic sheeting that allegedly caused plaintiff's fall, a jury would be left to base its verdict on speculation, rather than logical inferences (Schneider v Kings Highway Hosp. Ctr., 67 NY2d 743, 744 [1986]).
The court properly declined to consider plaintiff's supplemental bill of particulars alleging for the first time that her fall was caused by poor lighting (see Boland v Koppelman, 251 AD2d 176 [1998]).
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JUNE 10, 2008
CLERK