Judy L. Brown, together with appellate counsel, successfully obtained summary judgment dismissal of plaintiff’s complaint in a Supreme Court.
Harwood Lloyd Partner Judy L. Brown, together with appellate counsel, successfully obtained summary judgment dismissal of plaintiff’s complaint in a Supreme Court, Kings County action brought by a well-known “mill” plaintiff’s firm in a trip-and-fall case where the plaintiff was allegedly caused to fall due a “deflection” by a cellar door on a sidewalk in Brooklyn, NY. The 20-year-old plaintiff underwent multiple surgeries (shoulder, spine, knee) by Drs. David Capiola and Anders Cohen.
The Court (Barry, J.) ruled from the bench that the defense met its prima facie burden of proof to establish there was no defective condition, where the plaintiff only testified that the door sank a “little bit” when he stepped on it. The photographs of the alleged accident location showed no visible defect and one of our clients testified that he inspected/walked over the area every day and noticed no issues. The Court rejected plaintiff’s expert ‘s report, which was unsworn and inadmissible, which claimed to have measured a deflection of 1.25 inches. Without the expert report, the Court determined that plaintiff did not have any evidence to raise a triable issue of fact, and granted the motion.
