In Colombo v. Sanfilippo , Anthony Colombo's 81 year old mother allegedly slipped and fell on Salvatore Sanfilippo's walkway.
After his mom died, Colombo sued Sanfilippo. And when the latter sought to have the case dismissed, the Kings County Supreme Court denied that request.
On appeal, the Appellate Division, Second Department, noted that Colombo's mother died of an unrelated cause nearly 2 years after the alleged fall and that she had never provided any testiomy or sworn statement describing the accident or how it occurred.
Since Colombo couldn't prove what triggered the fall, and lacked other evidence to support the case, the AD2 though dismissal was appropriate.
Sanfilippo must have flipped ....
To download a copy of the Appellate Division's decision, please use this link: Colombo v. Sanfilippo