Fullerton Beck Secures Summary Judgment Dismissing Claims Against Utility Company in Sidewalk Defect Case

Fullerton Beck LLP successfully obtained summary judgment on behalf of the firm’s client, a utility company, securing dismissal of all claims in a personal injury action arising from an alleged sidewalk defect in Queens County Supreme Court.

The plaintiff claimed she was injured after stepping onto a sidewalk at a bus stop and encountering an open and defective utility box embedded in the pavement. The action was brought against multiple defendants, including the client, The City of New York, and an adjacent property owner.

Following the completion of discovery, including depositions and the exchange of records, Fullerton Beck attorney Heather Julien moved for summary judgment. The firm demonstrated that its client neither owned, operated nor controlled the utility box at issue and had not performed any work at or near the location. Supporting evidence included sworn testimony and an affidavit from a client representative, as well as records confirming that any work they performed occurred a significant distance from the accident site.

The plaintiff did not oppose the motion, despite multiple adjournments. The court granted the motion in full, dismissing all claims with prejudice.

The decision highlights Fullerton Beck’s ability to leverage a thorough factual record and targeted motion practice to obtain early dispositive relief for its clients, even in complex, multi-defendant litigation.