Gregory Dell (Partner-New York, NY) and Omar Graham (Associate-New York, NY) defended global communications companies in a trip-and-fall case where the plaintiff was injured on a defective sidewalk. The plaintiff commenced four actions against thirteen defendants; three of the four cases were consolidated in Nassau County and the fourth tried in Queens County, resulting in Greg and Omar fighting the case in two venues. Discovery revealed the importance of identifying which specific aspect of the defect caused the plaintiff’s fall as the answer would affect which defendants were potentially liable. Despite receiving several opportunities at her deposition, the plaintiff admitted she was not sure whether she fell due to (1) the uneven sidewalk flags or cracks in the sidewalk, (2) missing portions of the sidewalk likely resulting from work performed thereon, or (3) a metal access box situated inside the defect. Notwithstanding that Greg and Omar were able to prove that the subject defect formed prior to the only work our clients performed in the decade before the accident, the Nassau County Court granted our client’s motion for summary judgment based on the plaintiff’s inability to identify what caused her fall, which is fatal to a plaintiff’s claim in New York. The Nassau decision legally precluded the Queens Court from a finding to the contrary, and the Queens Court granted our client’s summary judgment motion in that venue as well. The case in Nassau has been appealed.