Lewis Johs Attorney Amy E. Bedell Obtains Summary Dismissal in a Premises Liability Case

Senior Counsel Amy E. Bedell obtained summary dismissal of plaintiffs’ complaint in favor of a defendant premises owner in an action pending in Kings County, Supreme Court.  The incident, resulting in severe burn injuries to the plaintiff, allegedly occurred when fire emitted from a wood burning stove installed by the building’s tenant.  The Court dismissed plaintiffs’ complaint, which included causes of action alleging negligence and various Labor Law violations, holding that, as an out-of-possession landlord, the premises owner had no actual or constructive knowledge of an allegedly defective condition existing on its premises, and that plaintiffs failed to establish that the allegedly defective condition constituted a structural or design defect that violated a specific statutory safety provision as required to establish liability on behalf of the defendant.

       
 

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