Lynch v. Winchester Homeowners Assoc., et al.
Summary judgment granted by Second Dep't Appellate Division.
Plaintiff, a catch basin cleaner sustained partial amputation of four (4) fingers on one hand when metal grate he had propped up with a crowbar came crashing down on his hand when he came into contact with crowbar while climbing out of the catch basin. The insured homeowner association's summary judgment motion was denied by the Supreme Court, Westchester.
Gushin v. Whispering Hills Condominium One, et al.
Summary judgment affirmed on appeal.
Westchester County Supreme Court's summary judgment dismissal of plaintiff's complaint against all defendants upheld on appeal to the Second Dep't Appellate Division only as to our clients, Whispering Hills Condominium One and Whispering Hills Homeowners Association, Inc., but reversed as to codefendant snowplow contractor Hudson Valley Landscaping. Our clients successfully defended the case on lack of notice of the complained of ice condition while the Appellate Division found an issue of fact regarding whether codefendant snowplow contractor Hudson Valley created the icing condition through its snow removal efforts.
Pearson v. Parkside Limited Liability Co. and Marshall Weinerman Real Estate, Inc.
Defendant's verdict at trial.
Slip and fall on ice outside the back of plaintiff's commercial establishment, Curves for Women, a tenant in codefendant Parkside's shopping plaza which was managed by our client, Marshall Weinerman Real Estate, Inc. Plaintiff underwent surgery for a diagnosed left ulnar nerve neuropathy.
Following a trial of all issues in Supreme Court, Westchester, a jury found that the plaintiff's corporate tenant, Re-Anna, Inc. d/b/a Curves for Women, was 100% responsible for the ice condition on the store's rear sidewalk which she claimed caused her to fall, thereby dismissing the action as to the codefendant landlord and our property manger client, Marshall Weinerman Real Estate, Inc.
