Marcin J. Kurzatkowski Obtains Summary Judgment in Alleged Slip and Fall on Snow/Ice Case in Bronx County

October 23, 2018

On October 10, 2018, Marcin J. Kurzatkowski obtained summary judgmet on behalf of our client in the Nakia Scott v. Euro-Spek, LLC, et al. matter in the Supreme Court – Bronx County.  Mr. Kurzatkowski represented the tenant deli at the subject strip mall in connection with the plaintiff’s allegation that he had slipped and fallen on a snow and/or ice condition in the parking lot after leaving the tenant’s deli.  In relying on the deposition testimony of all parties and the subject lease agreement, Mr. Kurzatkowski demonstrated that the tenant deli did not (1) owe a duty of care to the plaintiff as it was not obligated to remove snow and/or ice from the parking lot; (2) create the alleged snow and/or ice condition through improper and/or incomplete snow removal services in the parking lot; and (3) have any actual and/or constructive notice of the alleged snow and/or ice condition prior to the plaintiff’s accident.  Furthermore, Judge Julia Rodriguez held that the tenant deli was not obligated to defend and/or indemnify the Co-Defendant landlord as the plaintiff’s accident did not arise out of the deli’s use or occupany of the subject premises, but rather, arose out of a weather-related condition in the parking lot which it was not obligated to correct.  

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