Result

Brendan Bertoli and Nicholas Vevante, Associates in ADM’s Albertson Office, obtained Summary Judgment in a trip and fall case allegedly caused by a defective condition inside of a tree well.  The Plaintiff alleged that a misplaced cobblestone within the tree well caused him to trip and fall, and sustain a serious brain injury.  Prior to party depositions, we obtained the Plaintiff’s prior sworn 50-H testimony and an affidavit from our client, the owner of the adjoining commercial property, substantiating that it made no special use of the tree well.  We argued that under existing binding case law, there was no material issue of fact as to our liability.  The Court agreed and dismissed the case in its entirety against our client.