Boyd and Korman Victorious on Appeal in Premises Liability Case

J’Naia L. Boyd and Cheryl F. Korman obtained victory in a premises liability case at the Appellate Division, First Department. The plaintiff commenced the action to recover for injuries sustained when she tripped and fell on an alleged sidewalk defect in front of the abutting premises where our client, the contractor, had been hired to perform renovation work.

The contractor had moved for summary judgment in the Supreme Court, Bronx County, which was denied. Boyd and Korman convinced the First Department that the contractor was entitled to summary judgment dismissing the complaint because the contractor owed no duty to plaintiff to maintain or repair the sidewalk prior to her accident and no triable issues of fact were raised as to whether the subject sidewalk was narrowed by the exterior scaffolding, forcing plaintiff to walk onto the defect.

As a result, the Appellate Division reversed the Supreme Court order and granted the contractor summary judgment dismissing the complaint asserted against it.