Fantastic Team Effort Wins Summary Judgment in Slip And Fall Action in Kings County, New York
Attorneys Fallon J. Mulerman-Orer, Nicholas Piacente, John J. Komar and David S. Gould recently obtained dismissal of all claims and cross-claims in a slip-and-fall action in Kings County, New York. In, Selena Hall-Davis v. The City of New York, et. al (Supreme County, Kings County: 519035/2016) the Plaintiff tripped and fell as a result of a missing curb piece over a sewer grate. The missing curb piece resulted in a sizable missing portion of curb. Plaintiff reportedly slipped and fell because of the missing portion of curb, causing her left foot and ankle became trapped in the sewer grate below. She claimed numerous injuries which necessitated surgery to her left ankle. We represented the adjacent landowner and lessor who operated a charter bus company at the premises. In the Motion, researched and drafted by Ms. Mulerman-Orer, Mr. Piacente and Mr. Komar, we argued that our clients owed no duty the Plaintiff in connection with the alleged defect that, we stressed, the City of New York was solely responsibility for. Attorney David S. Gould argued the motion before the Hon. Reginald Boddie on November 8, 2019, who upon listening to all sides directed judgment in our favor and granted the motion from the bench. This was the result of a fantastic team effort with all involved from discovery through depositions, to drafting and arguing the Motion for Summary Judgment.