Trip & Fall

Matthew J. Rodriguez

In a case where plaintiff tripped over a partially collapsed tree well guard lying on the sidewalk abutting a commercial building, the court granted our motion for summary judgment finding that our client was nothing more than the property manager for the subject premises. Although it performed a subsequent repair of the subject tree well guard, the court went on to find that the insured did not take on the statutory role of the owner to maintain the sidewalk nor was there any evidence that it either created the defect or had notice of it prior to the date of accident. (New York County, April, 2013)