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Attorney Stephen Macho Obtains Summary Judgment

Posted: March 14, 2023

Attorney Stephen Macho successfully moved for summary judgment in a general liability action. Plaintiff alleged she tripped and fell on the sidewalk abutting a building in Queens due to a defective gap cap located in the sidewalk. Our client leased only the second floor of the building. The Court agreed with Mr. Macho’s argument that as second floor tenant there was no statute imposing liability on our client for failing to maintain the sidewalk in front of the budling. The Court further agreed with Mr. Macho’s argument that our client was not liable for causing plaintiff’s accident as our client did not own the gap cap in the sidewalk and did not create any alleged defect in the gap cap. The Court granted Mr. Macho’s motion and dismissed plaintiff’s complaint and all cross-claims asserted against our client.