Marcin Kurzatkowski Obtains Reversal of Dismissal of Plaintiff's Case on Appeal

June 23, 2015

On June 17, 2015, Marcin Kurzatkowski obtained a decision from the Appellate Division, Second Department in  Byrd v. Brooklyn 46 Realty, LLC, that reversed trial court’s decision that had denied the defendant’s motion for summary judgment.  The plaintiff alleged that he was injured when he tripped over a cord covered in sludge that was plugged into a large kettle in the kitchen at the premises.  Mr. Kurzatkowski argued that the defendant was an out-of-possession landlord who did not retain control over the premises, was not obligated to perform repairs or maintenance, and did not have notice of the condition.  The Second Department agreed that the defendant had established prima facie entitlement to judgment as a matter of law, that the plaintiff failed to raise a triable issue of fact, and that the defendant’s motion for summary judgment dismissing the case should have been granted by the trial court.

Please reload

Featured Posts

Josh Kardisch and Florina Altshiler Win Second Fou...

July 23, 2020

In February, 2018, Josh Kardisch won the reversal of summary judgment for plaintiff in the Appellate Division, Fourth Department in Bonczar v. America...

Please reload

Recent Posts
Please reload

Please reload

Search By Tags
Please reload

Follow Us
  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square

© 2014 Websites by ES