November 30, 2018

DSB successfully moved for summary judgment In the Supreme Court, New York County, on behalf of a Manhattan store owner in an action brought by a Plaintiff pedestrian, who was injured on a public sidewalk when he tripped and fell on a defect on the sidewalk. DSB argued that the shop, a tenant occupying one of two commercial spaces, owed no duty to the pedestrian to keep the sidewalk in a reasonably safe condition. The Court agreed and further found that there was not enough evidence to prove that the alleged defect was located in front of the tenant’s shop, thus eliminating any cross-claims pursuant to the shop’s lease with the landlord.

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