David Placke Wins Summary Judgment in Bronx County Premises Liability Action

Gallo Vitucci Klar LLP is pleased to announce that David Placke successfully obtained summary judgment on behalf of a property owner in a Bronx County premises liability case.

The claim arose from an alleged slip-and-fall, by the plaintiff, on the sidewalk abutting an empty lot located between our client’s property and that of the co-defendant. David utilized an exhibit from the plaintiff’s §50-H testimony in which the plaintiff marked the precise location of the alleged fall. Using this information, he conducted an early investigation into the property lines to develop the defense strategy.

Through a detailed review of the adjacent property deeds and the retention of a professional surveyor, David was able to obtain a voluntary Stipulation of Discontinuance from the plaintiff. However, the co-defendant property owners refused to discontinue their cross-claims, asserting a “special use” theory based on alleged use of the area by tenants of our client’s property.

Following the plaintiff’s deposition, during which the plaintiff repeatedly testified that the fall was caused by snow and/or ice, David filed an early motion for summary judgment seeking dismissal of all claims and cross-claims against our client. In support of the motion, he cited the plaintiff’s testimony, the surveyor’s expert findings, and the plaintiff’s willingness to discontinue the action against our client.

Justice Brigantti ultimately agreed, finding that no viable claim could be maintained against our client, including the co-defendants’ cross-claims, even though depositions of the remaining parties had not yet been completed.

While early summary judgment motions are sometimes viewed as a risky strategy, the approach proved successful here. This result reflects GVK’s commitment to carefully analyzing the facts of each case and pursuing the most effective strategy to achieve the best outcome for our clients.