Harwood Lloyd’s Peter R. Figman Secures Summary Judgment in Brooklyn Slip-and-Fall Action
Harwood Lloyd attorney Peter R. Figman successfully obtained summary judgment on behalf of BNN Fulton Flushing Owner LLC in Gurganious-Russell v. BNN Fulton Flushing Owner LLC, a personal injury action in the Supreme Court of the State of New York, Kings County. The action arose from an alleged slip-and-fall accident on an icy sidewalk adjacent to a commercial property in downtown Brooklyn. Plaintiff alleged that water discharged from a sprinkler-system drainpipe attached to the building, accumulated on the sidewalk, and froze, creating the dangerous condition that allegedly caused her injuries. Plaintiff further alleged that the property owner was negligent in creating the condition and failing to remedy it.
Following oral argument presented by Mr. Figman, Justice Brian L. Gotlieb issued a Decision and Order adopting the defense’s central argument that Plaintiff could not establish causation without resorting to speculation. Mr. Figman successfully demonstrated that Plaintiff’s deposition testimony failed to establish that water was discharging from the building’s sprinkler drainpipe at the time of the alleged accident. Rather, Plaintiff’s theory of liability rested upon observations made when she returned to the accident location the following morning. Relying upon Second Department precedent, including Ash v. City of New York and Patrick v. Costco Wholesale Corp., the Court held that BNN had established its prima facie entitlement to summary judgment and that Plaintiff failed to raise a triable issue of fact. The Court accordingly granted BNN’s motion for summary judgment, dismissed its derivative third-party claims for contribution and common-law indemnification, and denied the remaining motions for severance and summary judgment as moot.
