Peress Obtains Summary Judgment In Ringold v. East Plaza Housing, et al.March 6, 2017 |
Janine L. Peress’ motion for summary judgment, in the case of Ringold v. East Midtown Plaza Housing, et al, was granted in favor of our client, Rockledge Scaffold Corp. The case involved a trip and fall accident over a low lying chain located near a sidewalk bridge erected by the client. The plaintiff claimed that the lighting and positioning of the sidewalk bridge, which was located 6-10 feet away from the chain, caused or contributed to the alleged accident. We successfully established that our client had no duty to the plaintiff as Rockledge Scaffold Corp. did not own, occupy, control or make special use of the area where the chain was located and the plaintiff’s failure to plead and prove one of the exceptions defined in Espinal v. Melville Snow Contrs., 98 N.Y.2d 136, 773 N.E.2d 485 (2002), warranted dismissal of the claims.