Fullerton Beck Secures Dismissal for Building Owner in Bronx Trip and Fall Case

A litigation team including Deborah Conquest, Katrine Aliha Beck and Edward Guardaro, obtained a full dismissal for a building owner client in a premises liability case arising from a plaintiff’s fall through an open trap door inside a Bronx nail salon. The plaintiff fractured her arm and filed suit against both the tenant and the owner-landlord, arguing that the trap door was part of the building structure and that its presence created an unsafe condition for which the owner should be liable. The initial demand was $1 million.

The firm demonstrated that the property was leased under a triple net agreement that gave the tenant complete control over the space. The landlord was out of possession and had no role in the operation or maintenance of the salon. The court agreed and found no basis to impose liability on the owner. Competing expert reports were submitted on whether the trap door was defective, but the court agreed with the Fullerton Beck team and concluded that the door was not defective and that the accident resulted simply because the door was left open, and not as a result of structural conditions.

Although the tenant had defaulted after its insurance lapsed, the firm was able to maintain communication with the business and locate a key former employee. He confirmed that he had opened the door while restocking supplies, left it open by mistake and witnessed the plaintiff fall. Plaintiff’s counsel had not identified this witness. His testimony confirmed that the tenant alone caused the condition at issue.

This outcome reflects our firm’s success in securing decisive results for property owners through focused investigation and effective motion practice.