Kahana Feld Secures Summary Judgment, Dismissing NYC Premises Liability Case in Full

Kahana Feld partner Leigh Katz and attorney Emily Carbali secured a summary judgment on behalf of their clients in a premises liability action arising from an alleged sidewalk fall in New York City. The plaintiff claimed he sustained injuries after falling on a sidewalk outside the client’s property and alleged the existence of a dangerous condition. 

Leigh and Emily argued that Plaintiff’s assertions regarding the cause of his accident were speculative, particularly in light of Plaintiff’s testimony that he may have fallen due to a factor other than the sidewalk condition, and were insufficient to establish a viable cause of action. They further argued that Plaintiff’s opposition should be stricken from the record because, despite receiving multiple extensions, opposition papers were untimely filed. The court agreed, declining to consider Plaintiff’s opposition, and finding that, even if considered, Plaintiff’s claims regarding causation were speculative. 

As a result, the court granted summary judgment in favor of our clients and dismissed the complaint in its entirety.