New York Partner Demi Sophocleous and Associate Dennis P. Kisyk, Jr. recently prevailed in defending an appeal from their successful motion for summary judgment dismissing plaintiff’s Complaint in New York Supreme Court, Dutchess County.
Plaintiff’s Complaint alleged that she sustained personal injuries when she tripped and fell over a display of produce which was placed in the aisle of the defendant's retail store. Demi 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 photographic evidence of the display, which showed that it was in the middle of a wide, well-lit aisle and that the display itself featured contrasting colors and warning arrows alerting customers to watch their step. They also submitted Plaintiff’s testimony corroborating the 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. The Appellate Division, Second Department affirmed the lower Court’s decision, noting that Plaintiff failed to produce any evidence which could constitute a triable issue of fact as to the alleged condition.