Jamie Burke Defeats Plaintiff’s Motion for Summary Judgment in Slip-and-Fall Case

New York Partner Jamie Burke successfully opposed Plaintiff’s motion for summary judgment in a premises liability case.

The lawsuit arose from an alleged defect in a public sidewalk. Plaintiff moved for summary judgment against three defendants: the commercial property owner adjacent to the sidewalk, a former commercial tenant of the property, and a third defendant whose legal capacity was not clearly defined in the record. In opposing the motion, the defense addressed the different legal duties that apply to each defendant and argued that Plaintiff had not met the evidentiary standard required for summary judgment.

Under New York City Administrative Code § 7-210, responsibility for maintaining public sidewalks in New York City generally falls on the owner of the property adjoining the sidewalk. Non-owners, including tenants or other entities, may only be held liable if there is evidence that they affirmatively created the dangerous condition that caused the alleged injury. Plaintiff failed to present evidence showing that either the former tenant or the other non-owner defendant created the alleged sidewalk defect.

With respect to the property owner, Plaintiff was required to present admissible evidence establishing that the owner had either actual notice or constructive notice of the alleged dangerous condition. The record, including deposition testimony addressing the location and cause of the alleged fall, did not establish that the property owner had such notice as a matter of law.

Because Plaintiff did not meet the required evidentiary burden, the Court denied the motion from the bench. The ruling preserves all defenses and allows the defendants to continue advancing their positions as the case moves into the next phase of dispositive motion practice.

About Jamie Burke

Jamie N. Burke is a member of the Construction Law, Insurance Coverage / Bad Faith, and the Appellate Law team. She has extensive experience representing insurers, corporate defendants, contractors, and property owners in New York and New Jersey. She has handled high-stakes commercial AAA arbitrations, including cases involving nationally recognized nonprofits.