Case: Municipal Contractor Not Liable for Sidewalk Fall
Robert Von Hagen recently won summary judgment for a large NYC municipal contractor. Plaintiff claimed she was seriously injured when she fell near a tree-well embedded in a sidewalk in Queens. Mr. Von Hagen presented publicly available historical data and municipal department data along with affidavits to demonstrate that our client had not performed any work in the area for the past ten years.
We successfully argued that there was no other basis for our client to be liable because the applicable “sidewalk law” in NYC did not implicate out client. The Court agreed that our client owed no duty to the plaintiff and dismissed the case prior to depositions, which not only eliminated the risk, but also years of defense costs.
See, Suraty v. Dragonetti Brothers Landscaping Nursery & Florist, (Index No. 721285/19 Queens Co.)