Partner Ian Forman won summary judgment in a high exposure case in Bronx County. Plaintiff
claimed to have slipped and fallen within the defendants’ residential building and alleged to
have suffered significant injuries, including a cervical fusion, a lumbar discectomy and an ankle
surgery, as well as head trauma with continuing aftereffects.
Fleischner Potash fought Plaintiff’s counsel on discovery issues throughout the litigation and
after several motions to compel discovery from plaintiff were granted, the Court eventually
issued an Order indicating that Plaintiff would be precluded from offering any evidence on
liability or damages at trial if Plaintiff did not fully comply with all outstanding discovery
demands. Plaintiff’s counsel did not comply with the order and Fleischner Potash’s Motion for
Summary Judgment, based on the enforcement of the preclusion order, was granted following
Plaintiff’s counsel appealed the Order that granted Summary Judgment, but the Appellate
Division, First Department unanimously affirmed the lower Court’s decision and upheld the
Order that granted Summary Judgment to the defendants and dismissed the complaint.
Copies of the Supreme Court’s Orders and the Appellate Division Decision can be found here.