New York Attorneys Achieve Dismissal for Client Sued After Fall on City Sidewalk
New York City attorneys, John V. Barbieri and Christopher L. Grayson secured summary judgment in New York State Supreme Court, on behalf of our retail condominium unit owner client after Plaintiff sustained injuries on an adjacent city sidewalk.
In this matter, Plaintiff was walking on the public sidewalk in New York City, when she tripped and fell on a raised and defective portion of sidewalk that is adjacent to Defendant’s ground floor condominium retail premises. Plaintiff claims they sustained injuries to their left knee, left wrist and right wrist, and required surgery to repair the injuries sustained to their right wrist. Plaintiff later filed suit against our client, along with the condominium association, its managing agent and another commercial unit owner in the building.
Our Defense attorneys successfully argued to the Court that, based on the complex provisions of the condominium’s Declaration and the applicable case law, Defendant was not an “owner” for purposes of New York City Administrative Code § 7-210 that imposes a duty on the owners of commercial and certain other real property abutting public sidewalks to maintain the sidewalk in a reasonably safe condition. The Code also places liability on the owner when they fail to maintain the sidewalk resulting in personal injury. Our Defense further argued that our client could not otherwise be liable to Plaintiff because evidence showed that Defendant did not own, repair, maintain or make special use of the sidewalk where Plaintiff’s accident occurred, and therefore that Defendant owed no duty to Plaintiff which could support a determination of liability.
The Court agreed with the Defense argument and granted summary judgment in favor of our client, dismissing the action and any cross-claims by co-defendant against the insured.
John has extensive experience in all aspects of personal injury, property damage, construction liability and insurance defense litigation. He concentrates his practice on labor law, premises and products liability, medical and non-medical professional liability, and insurance coverage.
Chris concentrates his practice in the areas of premises liability, insurance coverage and New York Labor Law. He also handles products liability, medical and non-medical professional liability matters. He has experience representing insureds, private clients and municipalities in property damage, personal injury, wrongful death, and civil rights actions from commencement through appeal.