DSB was successful in moving for Summary Judgment in Supreme Court, New York County on behalf of owners of a condominium unit in a high-rise building who were sued by a tenant relative to theft of jewelry from the unit. The Court determined that the owners of the unit provided appropriate minimum security via a deadbolt lock on the single entrance to the unit, which plaintiffs had failed to engage. The court further determined that defendants were not on notice of any pattern of burglaries within the high-rise building that might have given rise to a need for greater security measures for their tenants.
DSB was successful in defending a Suffolk County school district in an appeal to the Appellate Division, Second Department, in a lawsuit brought by a person who claims to have been injured on a defective sidewalk at an elementary school. The appellate court unanimously reversed the lower court’s decision on DSB’s motion and awarded summary judgment to the school finding that the alleged condition on the sidewalk was too trivial to be actionable. The Appellate Division dismissed Plaintiff’s Complaint in its entirety.
DSB was successful in moving for summary judgment on behalf of a homeowner who was a life tenant of a home in Brooklyn under a life estate. The plaintiff allegedly tripped and fell on the sidewalk abutting the homeowner’s premises. DSB argued that the homeowner exception to New York City Administrative Code § 7-210 was unaffected by the life tenancy. The Supreme Court, Kings County, found that DSB established its prima facie entitlement to judgment and plaintiff and codefendants failed to raise a question of fact in opposition. Accordingly, all claims by the injured Plaintiff and cross-claims by the City against the homeowner were dismissed.
DSB was successful in obtaining summary judgment on a defamation claim brought in Supreme Court, Suffolk County, against a school district arising out of the district’s internal investigation into a verbal altercation between a board of education member and an assistant football coach. The trial court agreed with the district’s arguments that the complaint failed to adequately allege defamation, and there is no cognizable claim for negligent investigation. The complaint against the school district was dismissed in its entirety.
DSB was successful in having a complaint dismissed against its client, a hair salon, in a claim by a patron who allegedly fell due to a defective floormat at or near the doorway of the storefront salon. DSB succeeded in proving that the owner of the hair salon was free from liability because the floormat was not in a dangerous condition at the time of the accident.
Supreme Court, Richmond County, granted DSB’s motion for summary judgment dismissing all claims and cross-claims against DSB’s client, a homeowner in Staten Island, for an accident that arose from a trip and fall on a sidewalk. Plaintiff and codefendants argued that despite the applicability of the homeowner’s exception under Administrative Code Section 7-210, there were questions of fact related to whether DSB’s client had notice of the defect and whether the client created the defect. DSB argued that notice is irrelevant when the homeowner has no duty under Administrative Code Section 7-210 and DSB affirmatively established on the motion that the client did not create the condition. The court agreed with DSB and dismissed the case.
The Supreme Court, Kings County, granted DSB’s motion for summary judgment in a New York State Labor Law construction accident case. Plaintiff in the action alleged that he fell from a ladder at a construction site and sustained a fracture of the medial malleolus that required surgery, traumatic brain injury resulting in 100% disability, a tear of the supraspinatus tendon requiring surgery, a tear of the patellar articular cartilage of the right knee and a tear of the posterior horn of the medial meniscus, ankle arthroscopy, synovectomy and debridement, talonavicular fusion and removal of hardware, and derangement of the cervical and lumbar spine.
The court found that the indemnification provision contained in an agreement with the condominium was void as against public policy under the New York General Obligations Law. There was no other basis for liability of DSB’s client and the case was dismissed.
DSB successfully moved for summary judgment on behalf of a parent of a driver involved in a motor vehicle accident. The firm was able to demonstrate that our client did not own or operate the vehicle involved in the accident and therefore, liability under VTL 388 or the common law principle of negligent entrustment could not attach. The Complaint was dismissed prior to commencement of discovery.
DSB was successful in moving to dismiss a personal injury action on behalf of a homeowner on Long Island. DSB argued that the Court lacked personal jurisdiction over the homeowner because the plaintiff failed to properly serve the homeowner with a copy of the summons and complaint within 120-days after the commencement of the action and did not move to extend the time in which to do so. The Supreme Court, Queens County, agreed with DSB and dismissed the action in its entirety.
Justin M. Rowe was elected Equity Partner of the law firm. Justin’s hard work and commitment to our clients as well as his trustworthiness made the decision easy for the partners. Justin will continue to try complex litigation matters for the law firm.