We obtained summary judgment against the City of New York in a negligence action in Kings County. Plaintiff sued the City alleging she was dropped by two City of New York Paramedics transporting her down the front stairs of our client’s building. One of the paramedics stated that he dropped Plaintiff due to “uneven cement.” Based upon this statement, the City of New York filed a Third-Party Complaint alleging that the front steps of the building were dangerous and defective.
We moved for Summary Judgment in 2012 arguing that there was no evidence the steps were defective. At that time, the Judge acknowledged that there was no evidence the steps were defective but held that the motion was premature. The motion was denied with leave to renew upon the close of discovery.
After another three years of litigation, we again sought dismissal of the Third-Party Complaint. In support of the motion we submitted the testimony of all parties and a non-party witness, photographs of the steps, an affidavit of our client and the affidavit of an expert engineer attesting that the steps were in compliance with all applicable code provisions. We argued, based upon this overwhelming evidence, the steps were not defective, and the Third-Party Complaint should be dismissed.
The Third-Party Complaint was dismissed with prejudice, releasing our client from liability.
After another three years of litigation, we again sought dismissal of the Third-Party Complaint. In support of the motion we submitted the testimony of all parties and a non-party witness, photographs of the steps, an affidavit of our client and the affidavit of an expert engineer attesting that the steps were in compliance with all applicable code provisions. We argued, based upon this overwhelming evidence, the steps were not defective, and the Third-Party Complaint should be dismissed.
The Third-Party Complaint was dismissed with prejudice, releasing our client from liability.
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