New York Associate Nicole Koch and Partner Jennine Gerrard recently secured a complete dismissal of a plaintiff's claims for injuries following a fall in front of a client's business at an outdoor mall.
The plaintiff alleged that she was walking on the sidewalk outside of the client's hair care supply store in the Bronx in May 2024 when she tripped and fell on a broken/defective portion of the sidewalk. As a result of the accident, the plaintiff suffered injuries to her spine, hip, wrist, and both knees. She proceeded to file suit in New York County Supreme Court against Lewis Brisbois' client and the landlord for the property.
The Lewis Brisbois team argued in a motion for summary judgment that the landlord had the sole responsibility to maintain and repair the sidewalk at issue based on its non-delegable statutory duty and the plain language of the governing lease. A Supreme Court judge granted the client's motion in full and also dismissed the landlord's cross-claims. The client was also awarded costs, to be paid by the landlord.
This decision marked Nicole's first win on a summary judgment motion.