This is to congratulate Marcin Kurzatkowski, associate attorney at Russo & Toner, for prevailing not once but twice in successfully getting a slip and fall on water case dismissed for one of our clients.
Marcin's motion to dismiss was granted by Judge Pineda-Kirwin in Supreme Court, Queens County. The Second Department Appellate Division affirmed the lower court's decision and awarded costs to our client.
Through the creative use of deposition testimony and a surveillance tape, Marcin was able to demonstrate that the defendant had neither actual or constructive notice of the condition that plaintiff claimed caused his fall.
Arguing case law on the subject Marcin urged the court that our client was "not obligated to continuously mop all moisture resulting from tracked-in water..."
Congratulations to MJK on a case well handled!
Here is a link to the appellate decision: