Newman v. RCPI Landmark Properties, et al.

Nicholas M. Cardascia and Glenn A. Kaminska successfully appealed an order that denied our client's summary judgment motion.  On appeal the Appellate Division, First Department reversed the lower court's order and dismissed plaintiff's complaint.  The plaintiff was walking with a coworker when they walked onto a loading dock platform.  The coworker stepped off the loading dock onto a stack of milk crates. Although the loading dock had a wall-mounted ladder to the side, the plaintiff did not look for any other means to exit the platform.  The crates collapsed, causing him to fall. We argued that the milk crates were not a means of access to and from the loading dock and the plaintiff's actions were the only cause of the accident.  

In opposition, plaintiff argued that the loading dock had a truck backed up to it which blocked the view of the ladder, that it was foreseeable that persons would use other means to exit the platform, and the crates were a makeshift staircase set up near the loading dock and a dangerous condition.  The Appellate Division dismissed the complaint, finding that the plaintiff's actions in using the milk crates rather than the wall-mounted ladder was the sole cause of his injuries. (January, 2015)