RKT Wins Summary Judgment Arguing Trivial Sidewalk Defect In the case Doweary v. RP Stellar Riverton, LLC (Supreme Court Bronx County Index No. 14938/07), RKT attorney Theresa Villani successfully moved for summary judgment and the plaintiff's case was dismissed based on the doctrine of trivial defect in Bronx County Suprene Court. This matter arose out of a slip and fall accident on the sidewalk in the rear of the owner's building. Plaintiff testified that he slipped on a hole or crack in the sidewalk. Terre moved for summary judgment arguing that the plaintiff's accident was not caused by any actionable defect on the sidewalk, as the hole or crack was trivial, de minimus and not in violation of any codes, laws or statutes. In support of the motion, photographs of sidewalk were submitted along with deposition testimony, and an expert affidavit.
Plaintiff raised several arguments in opposition including an assertion that the expert inspected and photographed the site after a portion of it had been repaved. After oral argument, the Honorable Justice Wilma Guzman granted summary judgment finding that plaintiff failed to submit any competent proof that rebuted the defendants prima facie entitlement to summary judgment. |
