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Partner Carl Formicola Obtains Summary Judgement

Posted: January 17, 2020

Carl Formicola recently prevailed on a motion for summary judgment seeking to dismiss a premises liability case.  Plaintiff claimed to have been injured when she slipped and fell on a slippery liquid in the staircase as she was leaving the defendant’s building after visiting a friend.

Carl had established at plaintiff’s deposition that she did not see any slippery substance when she walked up the same staircase earlier.

The Court held that there was no evidence that the condition, if it existed, had been created by the defendant.  There was also no evidence that the defendant had any notice of the condition since the liquid was not present when plaintiff initially entered the building, hours after the building personnel had left.

As required, we had established through deposition and affidavit evidence from the caretaker that the steps were regularly inspected and cleaned and that the janitorial schedule was followed.