Listopad v Sherwood Equities, Inc.
2008 NY Slip Op 05340 [52 AD3d 300] [52 AD3d 300]
June 10, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


Judith A. Listopad, Appellant,
v
Sherwood Equities, Inc., et al., Respondents, et al., Defendant.

—[*1] 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]). Concur—Tom, J.P., Mazzarelli, Gonzalez, Sweeny and DeGrasse, JJ.