Case: Trip and Fall
Counsel: Salvatore DeSantis and Julie Molod
Result: Summary Judgment Granted in Favor of Garden Maintenance Nonprofit
MSD represented a not-for-profit corporation, which participates in the maintenance of a garden. The plaintiff claimed that she tripped and fell when the top of her foot got caught on a protruding sidewalk flag outside of the garden. Plaintiff alleged that our client was responsible for the sidewalk where the accident occurred and that our client failed to maintain the sidewalk, created the condition, or made special use of the sidewalk, and were therefore liable under New York Law. However, our client was only responsible for the maintenance of the cobblestone section adjacent to the sidewalk flags, not the sidewalk flags themselves, and had never performed any maintenance or repair to the section of the sidewalk where the plaintiff claimed to have fallen, nor did they hired anyone to perform any maintenance or repair to that sidewalk on its behalf. MSD submitted a motion for summary judgment on the issue of liability. The Court granted our motion, finding that our client was not responsible for maintaining sidewalk flags, and that the responsibility lies with the City of New York.