Posted in on November 8, 2018
Carl A. Formicola recently prevailed on a Bronx County Supreme Court motion for summary judgment in a premises liability case. Plaintiff claimed to have fallen on an unknown liquid substance on a stairway in a building owned by the client.
Carl established that the client routinely cleaned and inspected the area of the incident. Plaintiff could not testify whether the liquid substance had been on the stairwell earlier, and had never been in the building before that day. The court agreed with Carl that there was no evidence that the building owner created the allegedly hazardous condition or actually knew of it. The court also found that there was no evidence that the condition had been present for a sufficient period of time to have been noticed and rectified. With those findings, the court granted summary judgment and dismissed the plaintiff’s complaint.