Summary Judgment In Slip-and-Fall Case
Against Building Owner
In Melik v. 1373 Realty Co. LLC et al. (Kings County 10045/07), RKT Attorney Lee-David Weiner won Summary Judgment for a building owner in a case where the plaintiff fell while walking down an exterior platform step.Despite the fact that the plaintiff's deposition testimony indicated that she merely missed her step, the plaintiff alleged that the platform step was indistinguishable from the surrounding non-raised portion of the sidewalk.
Lee-David argued that the step was not defective, dangerous or in violation of any applicable building codes. His cogent arguments were bolstered by the affidavit of an expert engineer. Plaintiff’s counsel unsuccessfully attempted to argue that the change in elevation of one-half inch from the platform to the surrounding sidewalk was a “substantial defect” which resulted in liability on our client.
Lee-David’s persuasive arguments, however, convinced Justice Karen Rothenberg that the plaintiff’s counsel’s reliance on a trivial defect theory was misplaced since the platform was not a defective condition. Immediately after hearing Lee-David's oral argument, Justice Karen Rothenberg dismissed the plaintiff’s complaint against our client. |
