Teresa Myers Obtains Summary Judgment and Dismissal for Out-of-Possession Property Owner

Teresa Myers obtained summary judgment and dismissal of Plaintiff’s claims against an out-of-possession property owner, in a premises liability case pending in Supreme Court, Kings County.  In that case, the Plaintiff slipped and fell on a puddle of water with dirt mixed into it in the underground parking garage on her way into work.  She sued the out of possession property owner for negligence and personal injuries relating to the presence of the puddle which caused her accident and injuries.  In awarding summary judgment for the defense, the Court determined that the Defendant, an out of possession owner, did not have a duty to repair the alleged condition and that they did not have notice of the condition or any drainage problem, as alleged by the Plaintiff.  In addition, Plaintiff could not identify the source of the puddle nor how long the condition existed prior to her fall.  Defendant established that the garage floor was inspected, cleaned and maintained on a daily basis by the tenant of the premises, Plaintiff’s employer.  The Court determined that there was no proof, despite Plaintiff’s expert’s opinions, that the garage floor contained a structural and/or design defect, or that the floor was improperly sloped or pitched, which would have prevented proper drainage.  The Court further opined that there were no specific statutory requirements that the Defendant violated in this case.


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