DSB obtained summary judgment on behalf of a commercial property owner in New York City in a personal injury action involving alleged dangerous orange plastic netting on the property. Through discovery and investigation, we were able to establish that work performed in the area by a non-party utility company required the company to comply with NYC Parks Department Tree Protection guidelines and that the utility had installed the plastic fencing and had responsibility for it. The Court held that the defendant neither owned, controlled nor maintained the area of plaintiff’s accident and did not place the orange netting complained of by plaintiff.
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