Result

06.15.2017
• Lisa Pigeon Obtains Summary Judgment in a Premises Liability Case
Lisa Pigeon, a partner with the firm, obtained summary judgment in a premises liability case.  The Plaintiff, a peace officer employed by the City of New York, was working in a building leased by our client, a local non-profit which operated a community center.  Plaintiff, standing 6’7'' and weighing over 300 pounds, was injured when he closed a tilt-in window, which collapsed and shattered over his head.  He underwent a cervical fusion.  We argued that our client neither created nor had actual or constructive notice of any defect.  Further, even under the theory of res ipsa loquitor, Plaintiff could not prove that our client had exclusive control over the mechanism of the injury, since no specific defect was ever identified.  Brendan Bertoli, an associate with the firm, assisted in drafting the motion papers.  The motion was argued by Ms. Pigeon before Justice Margaret Chan of Supreme Court, New York County.  In a lengthy written decision, Justice Chan sided with ADM, and found that Plaintiff did not rebut our client’s prima facie showing of its entitlement to summary judgment.