November 4, 2021

DSB prevailed on another appeal before the Appellate Division, First Department.  The case was a trip and fall action where the plaintiff allegedly tripped over an asphalt patch abutting DSB’s client’s commercial storefront.  The premises owner asserted cross-claims against the commercial tenant.  The Appellate Division, First Department reversed the lower court and unanimously agreed that DSB’s client, the commercial tenant, was entitled to dismissal of the case and judgment as a matter of law.  The tenant did not perform the patchwork and was not responsible for structural repairs to the abutting sidewalk.  Accordingly, the Complaint and all cross-claims should have been dismissed against the tenant by the lower court.