Wade Clark Mulcahy LLP

<p style="text-align: justify;">In <em><a href="https://www.wcmlaw.com/wp-content/uploads/2019/09/Thomas-v.-Sere-Hous-Dev-Fund-Corp..pdf">Thomas v. Sere Hous Dev Fund Corp.,</a></em>the Appellate Division, First Department addressed the duty of care owed by a building to a plaintiff who gets injured on their property.</p>
<p style="text-align: justify;">The accident involved an individual who alleged injuries when he slipped and fell on a wet substance on the interior stairs of the defendant’s building. The defendant testified as to its janitorial schedule during a customary day.</p>
<p style="text-align: justify;">The Supreme Court, Bronx County denied the defendant’s motion for summary judgment, which was unanimously reversed by the Appellate Division. The Appellate Court stated that the defendant was able to establish a reasonable cleaning routine, which precluded liability. As such, the Court held that since the plaintiff failed to raise a factual issue that such routine was manifestly unreasonable, that summary judgment should have been granted in favor of the defendant.</p>
<p style="text-align: justify;">This case is a great example of the importance for building owners to implement a reasonable and regular cleaning routine as it can preclude them from liability. As exhibited in this matter, a reasonable cleaning routine can allow a case to be dismissed, without having to go through a strenuous and costly trial.</p>
<p style="text-align: justify;">Thank you to Corey Morgenstern for his contribution to this post. Please email <a href="mailto:gcoats@wcmlaw.com">Georgia Coats</a> with any questions.</p>