Aug 23 2018

Courtroom Success 2018-33: Morrison Mahoney Partner Brian Heermance and Associates Jacqulyn Simmons and Conrad Horowitz

Morrison Mahoney partner Brian Heermance and associates Jacqulyn Simmons and Conrad Horowitz recently prevailed on a Summary Judgment Motion in New York Supreme Court, Suffolk County and obtained an Order dismissing the Plaintiff’s Complaint. The Plaintiff commenced an action seeking to recover damages for injuries he allegedly sustained from a slip and fall at the insured’s premises.  Our client was an out of possession landlord who had transferred the obligation of maintaining the leased premises to the commercial tenant.

The Court ruled that: 1) the insured had no contractual obligation to remove snow and ice from the parking lot where the Plaintiff fell; 2) the insured did not assume a duty by course of conduct; 3) the insured did not create the alleged dangerous condition; and 4) the insured did not receive actual or constructive notice of the icy/slippery condition. Accordingly, summary judgment was granted in favor of the insured and Plaintiff’s Complaint was dismissed.

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