Brian Heermance & Dennis P. Kisyk, Jr. Prevail on Motion for Summary Judgment in New York Supreme Court

Plaintiff’s Complaint alleged that he sustained personal injuries when Plaintiff’s pant leg got caught on a convenience store end cap display, causing him to trip and fall in the aisle of defendant’s store. Brian and Dennis argued that that the evidence adduced during discovery established that the display was not a dangerous condition and that, as a result, the defendant did not have any duty to warn or protect against it. In support of their motion, they submitted video and photographic evidence of the display, which showed that there was no damage, defect or dangerous condition. They also submitted Plaintiff’s testimony corroborating the video and photographic evidence. The Court held that such evidence established that the display was not dangerous and that, as a result, plaintiff’s Complaint must be dismissed.