Case: Trip and Fall
Counsel: Salvatore DeSantis and Murad Sardar
Result: Motion Granted, Dismissing Plaintiff’s Complaint and any Cross Claims with Prejudice
Summary judgment was granted by the Cout against the plaintiff in this trip and fall case. The plaintiff claimed that he tripped and fell while walking on a subway grate, due to the lifted grating, in front of our client’s property. The plaintiff testified that the accident did not occur on the sidewalk itself, but solely on the subway grating. Our client does not own the grating where the plaintiff fell, has never performed any work or repairs to the grating, has never attempted to repair the grating and has never had any responsibility to perform maintenance or repair work to the grating. A motion for summary judgment on the issue of liability was filed with the Court requesting a dismissal of all cross claims in favor of our client. The Court granted the motion dismissing plaintiff’s Complaint and any cross claims against our client with prejudice.