Category: Firm News

DSB was successful in moving for summary judgment on behalf of a landlord. The plaintiff allegedly tripped and fell inside her living room during the middle of the night due to a lack of lighting. The Supreme Court, Queens County, agreed that DSB was entitled to judgment because the plaintiff was unable to identify the cause of her fall without resorting to speculation.

DSB was successful in moving for summary judgment on behalf of a municipality on Long Island. The Supreme Court, Nassau County, agreed with DSB that a pathway running through a public park constitutes a “sidewalk” within the purview of the municipality’s prior written notice law. DSB further established its prima facie entitlement to judgment by establishing that the municipality lacked prior written notice of the alleged condition.

DSB successfully obtained a discontinuance with prejudice on a New York state Labor Law claim after filing a Motion for Summary Judgment. Plaintiff, a carpenter, alleges he was injured when improperly secured metal railings fell on him. After numerous depositions, DSB developed the evidence to show that our client did not supervise or direct the work and it did not create the dangerous condition. Using the same rationale, DSB showed that the indemnity clause between our client and the GC/owner was not triggered. The Motion for Summary Judgment was filed pre-Note of Issue. During the pendency of the motion, DSB obtained a discontinuance of all claims.

DSB successfully moved for summary judgment on behalf of a commercial tenant in a trip and fall accident. Plaintiff alleged she tripped and fell on an unlevel sidewalk abutting a neighboring property’s ramp. DSB argued under the terms of the applicable lease, the commercial tenant was not required to maintain the area where plaintiff allegedly fell. Arguing as well, under § 7-210 of the New York City Administrative Code, real property that abuts any sidewalk is the duty of the owner and a tenant is not affirmatively charged with a duty to maintain the sidewalk. Furthermore, 911 transcripts obtained demonstrated that Plaintiff’s accident occurred in front of the neighbor’s property. Following oral argument, the Kings County Supreme Court dismissed plaintiff’s complaint and all cross claims asserted against DSB’s client.

DSB was successful in moving for summary judgment on behalf of a municipality on Long Island. The Supreme Court, Suffolk County, agreed with DSB that the municipality was entitled to judgment because it neither owned nor maintained the situs of the accident. The Court further noted that it was not a movant’s burden to establish who or what owns or controls the accident location. DSB’s motion was granted and all claims against the municipality were dismissed.

DSB was successful in moving for summary judgment to dismiss claims of negligence and reckless disregard against two New York homeowners. DSB established that the homeowners had neither the opportunity nor the ability to control the conduct of plaintiff’s assailant. The Supreme Court, Suffolk County, granted DSB’s motion dismissing all claims against the homeowners.

DSB obtained summary judgment in Supreme Court, Suffolk County, on behalf of a local school district. The minor plaintiff was struck by a motor vehicle and suffered injuries after leaving his high school. Plaintiff alleged that the school district’s failure to provide crossing guards and to otherwise supervise the minor plaintiff was a cause of their injuries. DSB argued that the accident occurred off of school grounds and outside of the orbit of its authority. The Supreme Court, Suffolk County, agreed and held that the incident occurred when the minor plaintiff was off school property, after being dismissed from an after-school science fair, and beyond the orbit of the school’s authority, and accordingly, the complaint was dismissed.

DSB obtained summary judgment in Supreme Court, Suffolk County, on behalf of a local municipality. The plaintiff slipped and fell at a municipal boat dock. Plaintiff alleged that the sole cause of their injuries was the municipality’s negligence in maintaining the ramp. DSB argued that the municipality did not have prior written notice of the purported defect, that the plaintiff assumed the risk of injury, and that the alleged defect was open and obvious. The Supreme Court, Suffolk County, agreed and held that the municipality had not received prior written notice of the alleged defect therefore it could not be subjected to liability for plaintiff’s injuries, and that the slippery condition of the boat ramp was open and obvious and was a risk inherent in the activity, and accordingly, the complaint was dismissed.

DSB obtained summary judgment in Supreme Court, Suffolk County, on behalf of a local municipality. The plaintiff tripped and fell at a fireworks show held in a local park. Plaintiff alleged that the municipality was negligent in not providing proper lighting at the event. DSB argued that the municipality neither owned nor controlled the site of the incident. The Supreme Court, Suffolk County, agreed and held that the municipality was not responsible for any of the conditions at the subject park, and accordingly, the complaint was dismissed.

DSB moved into our new offices in Hauppauge, New York, more centrally-located on Long Island. We have beautiful newly-renovated space in a Class A building that suits our needs for many years to come.