Christopher L. Parisi Obtains Dismissal of Premises Liability Action in Queens County

Christopher L. Parisi, a Partner in our New York Labor Law construction practice, successfully secured the dismissal of a premises liability case in Queens County, New York. The action was discontinued and dismissed in its entirety as against our clients, with no settlement paid and no liability attributed to our clients.

The defense of this matter was transferred to our office more than a year after the Insureds’ Answer had been served. The plaintiff alleged that he sustained injuries after tripping and falling due to an alleged defective sidewalk in front of the Insureds’ premises. Plaintiff’s counsel disclosed a photograph  of the sidewalk.  The background of the photograph appeared to show a different building than the Insured’s property.  Upon further investigation, we confirmed that the alleged sidewalk area was not on or adjacent to the Insured’s property, and was not otherwise owned, managed, maintained or controlled by the Insureds.

Based on this evidence, we notified plaintiff’s counsel and requested a voluntary dismissal of the action. After further delays in response to our request, we moved for summary judgment and dismissal, relying on our Insured clients’ Affirmation that the photograph did not depict their property.

Prior to opposing the Motion, plaintiff executed and returned a stipulation of discontinuance with prejudice.

This result reflects a complete defense victory for our clients, with the matter dismissed in full with prejudice, no settlement paid, and no liability attributed to our clients. Notably, this dismissal was achieved before depositions and IMEs took place.

Congratulations to Christopher L. Parisi on this successful outcome.