Firm News

SG Summary Judgment Win in Sidewalk Collapse Case

SG obtained summary judgment on a sidewalk collapse case in August 2023 in Westchester County.

Plaintiff commenced an action to recover damages for significant personal injuries when the vehicle he was driving collapsed into the pedestrian sidewalk he was driving on to access a parking space. SG represented the plaintiff’s employer who was brought into the litigation by the landlord of the building.  SG moved to dismiss the Plaintiff’s complaint against the landlord, and also the landlord’s case against our client.

The Court found that SG met its burden of establishing prima facie entitlement to judgment as a matter of law dismissing the complaint against the landlord, and also dismissing the landlord's complaint against our client. SG established that the landlord was an out-of-possession landlord that did not create or have actual or constructive notice of any allegedly dangerous condition. SG established through deposition testimony that there were no prior complaints or incidents involving the sidewalk, and that none of the parties, including the plaintiff himself, had observed any cracks in the sidewalk prior to the happening of the accident. In opposition, Plaintiff failed to raise any triable issues of material fact.

SG Partner Lou Gasparini and Associate Caitriona Robbins handled the matter.

-Louis U. Gasparini, Caitriona A. Robbins

Thu Aug 31 2023, 9:08am