800-403-5522 Long Island • NYC • Saratoga

Summary Judgment Successfully Obtained by David Metger

Posted: May 29, 2024

Partner David Metzger obtained summary judgment in New York County Supreme Court on a case involving an alleged late evening slip and fall inside the stairwell of a large residential building.  The plaintiff alleged that he slipped and sustained a significant knee injury due to a combination of a transient substance and malfunctioning light.  The plaintiff also argued that garbage in the stairwell was a recurrent condition.  Through deposition testimony of the assigned janitor and the existing record keeping, David established the property owner’s lack of notice.  Specifically, the defense established that the stairs had been inspected and cleaned the morning of the accident and any transient substance and/or faulty lighting would have been addressed at that time.  David also countered plaintiff’s “recurrent condition” argument by establishing the procedures by which the property took daily efforts to ensure that any such condition was not left “routinely unaddressed.