Premises Liability

Michael H. Glassman

Prior to completion of party depositions, summary judgment was obtained by Michael Glassman, Esq. on behalf of our client dismissing plaintiff’s claims for personal injuries allegedly sustained in a trip and fall on broken curbstone running along our client’s property. We secured favorable testimony establishing that the defect existed in the curb and that our client did not create the defective condition. Thus, we argued that the Complaint should be dismissed as against our client as, per NYC Administrative Code and Appellate Case Law, the duty to maintain the curb falls to the City of New York, rather than the abutting landowner. After oral argument, the Court agreed with our position and granted our motion for summary judgement holding that plaintiff failed to raise a triable issue of fact with speculation that the defect in the curb could have been caused by repairs to the sidewalk.