November 5, 2018

DSB successfully argued a summary judgment motion in the Supreme Court, Kings County to dismiss a Third Party Complaint brought against its client in a pedestrian trip and fall case. In the action, Plaintiff allegedly tripped and fell on a sidewalk defect adjacent to the Defendant’s home. The Defendant brought a third party action against DSB’s client alleging that the defect was actually created by DSB’s client when repair work had been done to the sidewalk some two years earlier. DSB’s client denied doing any repair work to the sidewalk. DSB moved for Summary judgment and argued that the defect was adjacent to Defendant/Third party Plaintiff’s premises and any allegation that Third Party Defendant replaced the sidewalk and created the defect was unsupported by the evidence. The court granted the motion dismissing the Third party Complaint.