Suffolk County – Summary Judgment Granted

Sarah J. Bruno, Of Counsel, successfully obtained summary judgment in a negligence and premises liability claim in Suffolk County alleging a hazardous condition due to snow and ice accumulation. Barred from pursuing her claims directly against her employer – a nursing home – she instead brought action against our client, the landlord. Plaintiff’s contention was that our client maintained control over the premises in light of certain retained rights in the lease, as well as certain statutory violations. Plaintiff also contended that our client created/exacerbated the condition by prematurely plowing the parking lot and not sanding/salting prior to cessation of the storm. The Court disagreed on all fronts, holding that our out of possession landlord had no relationship to the lessee, and in any event, neither caused nor created, and had otherwise had no notice of the condition complained of. Sarah’s masterful motion practice secured this important win for our client in the face of significant claimed orthopedic injuries to her neck, back, left knee and upper extremities requiring significant treatment, including three surgeries. Congratulations again to Sarah for protecting the client against potential exposure in the seven-figure range.