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