White v. Angela Boyd and James Russell
Thomas T. Papain of our New York City office obtained a Stipulation of Discontinuance for both our clients, Angela Boyd and James Russell.  The plaintiff alleged that she tripped and fell and sustained significant injuries, including a fracture of the shaft of her fibula and tibia, while walking on an exterior basement staircase at 1037 College Avenue, Bronx, New York, due to the negligence of our clients in maintaining the staircase. 

Mr. Papain moved to dismiss the case on the grounds that plaintiff did not fall on the staircase owned by our clients, but rather fell while on line for a social club located on the same block as 1037 College Avenue. He further argued that plaintiff failed to identify 1037 College Avenue as the location of her accident, and that she instead identified a staircase from a different building where social club parties are known to be held. Following the service and filing of Mr. Papain's motion to dismiss, plaintiff's counsel promptly agreed to a Stipulation of Discontinuance, with prejudice, dismissing Ms. Boyd and Mr. Russell from the action. (July, 2015)