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WCM Obtains Summary Judgment in New York County Premises Liability Case

July 27, 2012

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<h3><strong>New York, NY </strong></h3>
<p align="justify">Counsel Cheryl Fuchs and associate Gabe Darwick obtained summary judgment in a premises liability suit in New York County.  In <i>Deanne v. Alrose, 32 LLC</i>, plaintiff alleged that she slipped and fell on an interior staircase while at work. Our client owned the building but had relinquished control to the plaintiff’s employer.</p>
<p align="justify">With this backdrop, we took an aggressive approach, moving for summary judgment before depositions. We argued that our client was an out-of-possession landlord that was not contractually obligated to make repairs; that it did not exercise control over the building; that plaintiff’s accident did not arise out of a structural defect; and that even if plaintiff's accident did arise out of a structural defect, the defect did not violate a specific statutory provision. Plaintiff cross-moved to compel an expert inspection of the property and opposed the motion on the basis that it was premature.</p>
<p align="justify">The Court accepted our arguments, rejected plaintiff’s, and granted our client summary judgment.</p>


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