Fallon Mulerman-Orer Wins Summary Judgment in a Trip and Fall Case in Nassau County
On, May 21, 2018, Fallon Mulerman-Orer won summary judgment dismissing Plaintiff’s Complaint against our client in the case of Hilda Ysolina Gramajo De Flores v. Julia Daniels and Lee Rodriguez, Index No. 600680/2015 (Supreme Court, Nassau County). The Plaintiff claimed that she tripped and fell over a raised portion of sidewalk located in between the property of our client and the Co-Defendant, our client’s next door neighbor. Ms. Mulerman-Orer was successful in establishing the defect at issue was located in front of the Co-Defendant’s property, that our client neither caused nor created the alleged defect, that our client never attempted to repair the defect in a negligent manner, that our client had no duty to repair the area where the subject defect was located and that our client never derived any special use from the area where the alleged defect was located. In her Affirmation in Opposition, Plaintiff argued that our client derived a special use of the portion of sidewalk flag where the alleged defect was located because the alleged defect was adjacent to a portion of our client’s sidewalk flag which was used as a driveway. However, Plaintiff’s opposition papers ignored that although some portion of our client’s sidewalk flag adjacent to the alleged defect did traverse our client’s driveway, the actual portion of sidewalk flag at issue was not used as a driveway. Therefore, the Honorable Sharon M.J. Gianelli determined that Plaintiff failed to raise a triable issue of fact regarding liability in her opposition papers and the Court dismissed the Plaintiff’s Complaint in its entirety.