August 18, 2020

(A “Decision of Interest” in the New York Law Journal, Volume 264—No. 32, dated 08/18/20)
DSB was successful in moving for summary judgment on behalf of a Suffolk County homeowner. Plaintiff tripped and fell on a step while delivering food to the owner’s property for an event. The Supreme Court, New York County, determined that DSB established its prima facie entitlement to judgment as a matter of law by demonstrating that the step in question was not inherently dangerous to one reasonably using his or her senses. DSB also argued that plaintiff was unab le to identify what defect caused his injury. The Court granted DSB’s motion for summary judgment and dismissed plaintiff’s complaint.