Megan M. Murphy Obtains Summary Judgment in Supreme Suffolk

Associate attorney Megan M. Murphy recently obtained summary judgment in favor of a Long Island condominium complex and its property management company  in a trip and fall case pending in the Supreme Court of Suffolk County. More than ten years after the condominium complex and its property management company had performed repairs in the plaintiff’s condominium unit, plaintiff allegedly tripped and fell within his kitchen, and alleged to have sustained personal injuries. It was demonstrated through motion practice that the temporal proximity between the date the repair work had last been completed, and the date of the plaintiff’s alleged incident was too attenuated to attach liability to the complex and property management company, and that the plaintiff was not owed any continued duty of care. The case was dismissed as against our clients, on the ground that the plaintiff’s alleged incident had occurred more than ten years after any repair work was performed within the condominium unit, and also that the condition had not been open and obvious to either the condominium complex or its property management company, as it existed exclusively within the condominium unit.

 

       
 

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