On August 17, 2016, Marcin Kurzatkowski won summary judgment dismissing the plaintiff’s complaint in
Estate of Bernd v. Cablevision Systems, Inc., Index No. 308911/2009 (Sup. Ct. Bronx County). The decedent claimed that she stripped on loose tangled wiring in the foot well of her desk at home. Two days prior to the fall, a cable installer upgraded the decedent’s cable which included installing a new modem. In representing the cable installer, Mr. Kurzatkowski argued that the claims of negligence should be dismissed because the decedent did not make any complaints about the wires, signed a confirmation of satisfaction with the work, and never observed the wires. The plaintiff offered an expert affidavit in opposition. The Court dismissed the plaintiff’s claims finding that the expert’s affidavit failed to create a triable issue of fact.