Harwood Lloyd recently prevailed on a motion for summary judgment in a personal injury action in Kings County, New York.
Harwood Lloyd recently prevailed on a motion for summary judgment in a personal injury action in Kings County, New York. Representing the landlord in the sidewalk trip and fall action, Harwood Lloyd argued the landlord owed no duty to Plaintiff. Plaintiff made unequivocal statements during her deposition that she fell on the sidewalk in front of the property abutting the landlord’s premises and there was no evidence supporting the claim that the accident occurred in front of the landlord’s premises. The court found that the landlord established its prima facie case. The court then rejected Plaintiff’s argument that verified statements in the Bill of Particulars and Complaint that contradict testimony cited by Defendant are sufficient to overcome Defendant’s prima facie case. As a result, the Court sided with the landlord and dismissed the Complaint in its entirety.
