November 2019

Heavey v. Claremont House Condo, et al. (Supreme Court, New York County)

In an action involving a trip and fall on a defective New York City sidewalk, we obtained
summary judgment in favor of our client by establishing that our client did not owe a
duty of care to the plaintiff to maintain the area of the sidewalk which is alleged to have
caused her accident. We successfully demonstrated that raised sidewalk flag upon
which plaintiff allegedly tripped was located entirely on the sidewalk abutting the
neighboring property, not on the sidewalk abutting our client’s property. Further, based
on our offering ample photographs along with testimony of our client, the court held that
our client maintained the sidewalk abutting its building in a reasonably safe condition.