PREMISES LIABILITY

Many of our notable victories have been in the area of premises liability. A leading case is Machado v. Clinton Housing[*58] in which we successfully persuaded the Appellate Division, First Department that even though a pipe allegedly burst in a tenant-shareholder's apartment, the apartment corporation was not liable for same since the tenant shareholder's lease provided that the tenant shareholder was responsible for the plumbing equipment that was exposed in the apartment.

In an action involving injuries sustained in an apartment fire, we were able to obtain summary judgment in favor of a landlord on the grounds that the fire did not originate in the client's premises and the plaintiff failed to adduce sufficient evidence of the cause of the fire.[*59]

We have obtained many dismissals on the grounds of lack of prior notice of the alleged defective condition. In Broughton v. The Port Authority[*60] we had the action dismissed by showing that The Port Authority had no prior notice of an alleged raised sidewalk condition. Similarly, in Graziano v. The Port Authority of New York and New Jersey[*61] we obtained dismissal on the grounds of lack of prior notice of an alleged 18" x 10" depression in the tarmac. In Alvarado v. Times Square Associates[*62] we successfully moved for summary judgment on the grounds of lack of prior notice of a slippery condition on a marble floor.

In McDermott v. Bawabeh Bros. Inc.,[*63] we defeated a claim of cervical disc herniations, sprained shoulder, knee derangement and other injuries resulting from an alleged ceiling collapse. Even though the jury awarded nominal damages, the court granted our motion to set aside the verdict, granting judgment in favor of our client.

In Montecel v. Club Luna[*64] we won summary judgment on the grounds of lack of prior notice of a slippery condition on the floor, thereby dismissing plaintiff's claims of torn anterior cruciate ligament and torn meniscus.

Ernest Peck won a resounding victory in Bookout v. Hassad[*65] in which the jury, after a one-week trial, returned a verdict finding that our client was not negligent in the maintenance of a sidewalk vault door. Mr. Peck used entries in medical records to impeach the plaintiff's credibility as to the cause of the trip and fall.



[*58] 20 A.D.3d 307, 789 NYS2d (1st Dept. 2005).
[*59] Arbelo v. PanPan Textiles, Supreme Ct., J. Jacobson, 2005.
[*60] Supreme Ct., Queens County, January 3, 2006, Justice Polizzi.
[*61] Supreme Ct., Queens County, June 7, 2005, Justice Price.
[*62] Supreme Ct., New York County, March 9, 2004, Justice Leland DeGrasse.
[*63] Supreme Ct., Kings County, November 2, 2006, Justice Gloria Dabiri.
[*64] Supreme Ct., Bronx County, May 21, 2004, Justice Alison Tuitt.
[*65] Supreme Ct., Kings County, November 18, 2004, Justice Bernadette Bayne.

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