February 5, 2018

The firm recently obtained summary judgment in the Supreme Court, Queens County, on behalf of its client in a trip and fall case. Plaintiff allegedly tripped over fencing or chicken wire laying on the public sidewalk abutting defendant’s owner-occupied premises, sustaining facial and back injuries. DSB moved for summary judgment on two grounds: 1) lack of notice of the alleged defect and 2) under the homeowner exception in New York City Administrative Code sec. 7-210, the defendant had no duty to keep the public sidewalk reasonably safe. While plaintiff argued that the defendant retained the wire fencing after the accident, alleging creating an issue of control, the court rejected plaintiff’s argument and dismissed Plaintiff’s Complaint.