201412.12
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SUMMARY JUDGMENT FOR OUT OF POSSESSION LANDLORD IN TRIP AND FALL ACCIDENT

Plaintiff tripped and fell on the sidewalk adjacent to a Duane Reade store. Our client was the owner of the building that contained the Duane Reade. The court granted our summary judgment motion and dismissed plaintiff’s complaint. It was persuaded by our arguments that our client was an out of possession landlord that could not…

201412.12
0

DEFENSE VERDICT FOR ROAD PAVING CONTRACTOR

Plaintiff tripped and fell stepping off a curb onto a road. He alleged that he was caused to fall due to an excessively high curb above a sewer inlet and the excessive pitch of the road at the mouth of the inlet. At trial, we established that our client paved the road where plaintiff fell…

201412.12
0

Motion to Dismiss Granted in Racial Discrimination Case

Plaintiff sued our client, a large national retailer. He claimed that he was detained and handcuffed by defendant’s employees solely because he was Asian-American. Plaintiff claimed that the defendant’s employees negligently ignored his pleas to loosen or remove the handcuffs, causing nerve damage, in an effort to circumvent the one year statute of limitations for…

201412.12
0

Summary Judgment Granted in Storm in Progress Case

Plaintiff sued our client, a large national retailer. He claimed he slipped and fell on snow and ice during an ongoing snow storm. Plaintiff claimed that he became a quadriplegic as a result of the fall. His medical expenses exceeded $9,000,000. We moved for summary judgment on the ground that the defendants had no duty…

201412.12
0

Motion To Dismiss Granted In Arrest and Conspiracy Case

laintiff was an employee of our client, a large national retailer. He was arrested for stealing store merchandise. He sued our client and several of its employees who were involved in the arrest. We moved to dismiss the Complaint because the intentional tort causes of action were time barred and because he could not state…

201412.12
0

Motion to Dismiss Granted

Plaintiff alleged that on May 20, 2008, she slipped and fell on water in the Garden Center of a large retail store, sustaining injuries to her cervical, lumbar and thoracic spine. The Supreme Court, Suffolk County, granted our Motion to Dismiss plaintiff’s Complaint on the grounds that plaintiff failed to timely serve process and the…

201412.12
0

NY State Division of Human Rights Dismisses Discrimination Complaint

A customer of one of our clients, a national retailer, brought a claim with the Division of Human Rights that she was discriminated against on the basis of her alleged disability. The store is located on the second floor of a mall. During the holiday season, the store stays open later than the mall. Once…

201412.12
0

Plaintiffs action dismissed for failure to provide discovery

Plaintiff commenced an action in Supreme Court, Suffolk County against our client, a large national retailer. Plaintiff, who since moved to Florida, alleged he slipped and fell on ice in the parking lot adjacent to the store. We moved for dismissal of plaintiff’s action on the ground that plaintiff refused to return to New York…

201412.12
0

Summary judgment granted in premises liability case

Plaintiff sued our client, a large national retailer. She claimed she tripped and fell on the edge of a tree well within the Common Area of the shopping center. She claimed there was a one inch height differential between the concrete edge and the mulch inside the tree well. Plaintiff claimed that she suffered a…

201412.12
0

DEFENSE VERDICT IN TRIP AND FALL ACCIDENT

During a Black Friday sale, our client, a large national retailer, closed off side aisles near its registers for crowd control purposes. The store placed metal posts with a red velvet rope at the end of each aisle. Plaintiff claimed she tripped over the rope as she was entering the line from one of the…