Marie Castronuovo Wins Summary Judgment in a Snow and Ice Case
On April 18, 2018 Marie Castronuovo, Esq., won summary judgment dismissing plaintiff’s Complaint and all cross claims against our client in Then v. Hui Fat et al, Index No.7507/2016 (Supreme Court, Queens County). In this case, the plaintiff claimed that he slipped on an ice-covered sidewalk in front of the defendants’ building and provided photos of an icy sidewalk condition with tire tracks through it. Ms. Castronuovo moved for summary judgment after the service of a Bill of Particulars premised upon the defense that there was a “storm in progress” at the time of the accident. Significantly, the motion was made before depositions based exclusively on certified weather records and affidavits. Although plaintiff opposed the summary judgment motion, arguing the icy condition pre-existed the storm in progress and that the motion was premature, Ms. Castronuovo prevailed on summary judgment and the Court dismissed plaintiff’s Complaint and all cross claims against the defendants. Not only was Ms. Castronuovo’s proactive litigation strategy instrumental in prevailing on behalf of our client, but it also saved our client substantial unnecessary future litigation costs.