Firm News
Firm News
SG obtained summary judgment on a sidewalk collapse case in August 2023 in Westchester County.
Plaintiff commenced an action to recover damages for significant personal injuries when the vehicle he was driving collapsed into the pedestrian sidewalk he was driving on to access a parking space. SG represented the plaintiff’s employer who was brought into the litigation by the landlord of the building. SG moved to dismiss the Plaintiff’s complaint against the landlord, and also the landlord’s case against our client.
The Court found that SG met its burden of establishing prima facie entitlement to judgment as a matter of law dismissing the complaint against the landlord, and also dismissing the landlord's complaint against our client. SG established that the landlord was an out-of-possession landlord that did not create or have actual or constructive notice of any allegedly dangerous condition. SG established through deposition testimony that there were no prior complaints or incidents involving the sidewalk, and that none of the parties, including the plaintiff himself, had observed any cracks in the sidewalk prior to the happening of the accident. In opposition, Plaintiff failed to raise any triable issues of material fact.
SG Partner Lou Gasparini and Associate Caitriona Robbins handled the matter.
Syracuse
109 South Warren Street
Suite 306
Syracuse, NY 13202
Phone: 315-422-1333
Fax: 315-671-5013
White Plains
222 Bloomingdale Road
Suite 200
White Plains, NY 10605
Phone: 914-304-4353
Fax: 914-304-4378
Hudson Valley
1441 Route 22
Suite 206
Brewster, NY 10509
Phone: 914-304-4353
Fax: 914-304-4378
Albany
17 Elk Street
Albany, NY 12207
Phone: 518-591-4664
Fax: 315-671-5013
© Copyright 2024 Schwab & Gasparini. All Rights Reserved. Sitemap | Legal | Law Firm Internet Marketing by Law Firm Essentials