Eugene Boulé (Partner-New York) and Lauren Zink (Associate-New York) obtained summary judgment in a premises liability case in Supreme Court, Queens County on behalf of the tenant of an MRI facility. The plaintiff alleged she tripped and fell on a “defective step” with an “abrupt elevation change of less than 12 inches.” At her deposition, however, plaintiff testified that her right foot slipped off the step for an unknown reason. Moreover, plaintiff admitted that she observed the subject step at least three times prior to the accident. Gene and Lauren filed a motion for summary judgment arguing that plaintiff was unable to identify the cause of her accident, and that the lease agreement places responsibility for maintenance of the step on the owner/landlord. In opposition, plaintiff presented a “grab bag” of theories as to the cause of her accident. In response the team pointed out plaintiff’s inability to identify the nature of the dangerous condition, and argued that plaintiff failed to identify any Building Code provision or other regulation or otherwise provide an expert Affidavit identifying the nature of the subject step’s hazardous condition. Following adjournment of several trial dates and plaintiff’s refusal to move off of a $450,000 demand, the court issued a decision granting our summary judgment motion and dismissing plaintiff’s Complaint. Due to our clear arguments concerning plaintiff’s inability to identify the cause of her fall, the court did not need to address our argument that the insured was not responsible for maintaining the step pursuant to the terms of the lease agreement.