Case: Slip and Fall
Counsel: Andrew Small, Esq.
Headline: Landlord Defeats City’s Motion for Summary Judgment on Liability
Result: Summary Judgment Denied
Andrew Small, Esq. was successful in defeating the City of New York’s Motion for Summary Judgment, seeking to dismiss the complaint and for indemnification against our client, which is a major New York City realty company.
In Massey v. City of New York, et al., Supreme Court, New York County (158986/2014), plaintiff alleges that she fell on a puddle from a leaking kitchen sink and sustained permanent personal injuries. MSD’s clients owned the premises that it leased to the City of New York since 1993. In turn, the City licensed the premises for use as a day care facility to Lutheran Social Services, plaintiff’s employer. The City sought dismissal, asserting that it was not responsible for plumbing under the lease because our client maintained a large, posted sign in the kitchen stating “call the landlord in the event of any plumbing problems.” At oral argument, Attorney Small showed Justice Reed that our subpoenaed Lutheran documents contained records that were omitted in the City-provided discovery, which demonstrated that the City regularly inspected the premises and that it had hired a plumbing contractor to install a fire-suppression system a few months before the accident. Justice Reed then denied the City’s motion from the bench.