Associate Maria DellaRatta and Partner Wendy Cardali won summary judgment dismissing claims seeking recovery for personal injuries sustained by a plaintiff who alleged that he tripped and fell after stepping into a depressed and unleveled tree well due to missing bricks, which was installed in the Village of Babylon, New York. Fleischner Potash LLP successfully argued that its clients neither owned nor were responsible to maintain the tree well at issue. In addition, the Court held that Fleischner Potash’s clients did not create the alleged dangerous condition, nor did they make special use of the tree well. For these reasons, the Court agreed that Fleischner Potash, on behalf of its clients, made out a prima facie case of entitlement for summary judgment on the basis that defendants had no responsibility for the allegedly defective condition on the property, which plaintiff failed to rebut by raising a triable issue of fact. Accordingly, the court granted defendants’ motion for summary judgment.
To learn more about this result or other ways Fleischner Potash can help your claims team, please contact Wendy Cardali at email@example.com.
A copy of the Order granting summary judgment can be found here.DOCS-1884560