EDWARDS v. NEMENYI, 61 N.Y.2d 800 (1984)

473 N.Y.S.2d 947, 462 N.E.2d 124

EDITH EDWARDS, Appellant, v. ROBERT NEMENYI et al., Respondents.

Court of Appeals of the State of New York.Argued January 10, 1984
Decided February 16, 1984

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ANTHONY J. MERCORELLA, J.

Page 801

Alexander J. Wulwick and Ignatius John Melito for appellant.

Mark B. Wiesen and Richard A. Gurfein for respondents.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Not only was there no proof identifying the defect in the stool, from which plaintiff fell, and establishing that such defect was the proximate cause of the fall, but there was no showing of “facts and conditions from which the negligence of the defendant and the causation of the accident by that negligence may be reasonably inferred” (Ingersoll v Liberty Bank, 278 N.Y. 1, 7; see Agnelli v Tonegatti, 20 A.D.2d 887).

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.

Order affirmed, with costs, in a memorandum.

Page 802