In a trip and fall case involving a 3″ raised sidewalk flag, plaintiff alleged the Firm’s client, an adjoining property owner had violated NYC Administrative Code 7-201 for failing to maintain a reasonably safe sidewalk. As a result of the accident, the plaintiff alleged to have sustained a fractured hand requiring surgery with resulting nerve damage. Plaintiff claimed our client was negligent because there was prior notice as to the alleged defect and moved for summary judgment on liability.
Through strategic questioning at depositions, detailed investigation during discovery and use of public information, Beck and Ronemus developed a successful defense strategy and ultimately demonstrated to the Court how plaintiff failed to establish actual and constructive notice. In motions papers and at oral argument, Ronemus presented concise arguments supported by facts and evidence. Despite the fact the Courts have been closed due to COVID-19, New York Supreme Court recently issued a 12 page decision denying the plaintiff’s motion and granting summary judgment in defendant’s favor under CPLR 3212(b).