Partner Ian Forman Wins Summary Judgment For An Out-Of-Possession Landlord In Queens Case

Plaintiff alleged that she sustained injuries when she fell down an unbarricaded stairway within a
discount store that was crowded with merchandise. Partner Ian Forman argued that Summary
Judgment was appropriate as to all claims against Fleischner Potash’s client, an out-of-
possession landlord, who had no notice of the alleged condition. In addition, the motion
asserted that the owner/landlord was entitled to contractual indemnification and reimbursement
of all attorneys’ fees expended in the defense of the action pursuant to a lease. The Court
granted Fleischner Potash’s motion in its entirety and a subsequent motion seeking re-argument
made by counsel for the co-defendant was denied.

Copies of the Order granting Summary Judgment and the Appellate Order Denying the Motion
to Reargue can be found here.

DOCS-1680136-v1-Order_-_motions_to_reargue_(03_28_18) DOCS-1638943-v1-Order-Amended_granting_our_msj_&_deny_xmsj