Marisa Polito Secures Dismissal of Premises Liability Action in Kings County

Marisa Polito, an Associate on our General Liability Team, successfully secured the dismissal of Jasmine Thomas v. Mun Fulton Management LLC (Supreme Court, Kings County). The action was dismissed in its entirety, with no liability attributed to our client.

The plaintiff alleged that she sustained injuries after tripping and falling due to a purportedly defective sidewalk at our insured’s premises. However, during her deposition, the plaintiff offered testimony that directly contradicted the allegations set forth in her complaint. When asked to identify where the incident occurred, she instead described an entirely different incident, claiming she fell in a subway station due to a cracked step.

Based on this testimony, we promptly halted the deposition and requested that the plaintiff voluntarily discontinue the action. After receiving no response for several months, we moved for summary judgment, relying on the plaintiff’s own testimony, which undermined the foundation of her claims and failed to establish any connection to our client’s property.

Shortly thereafter, plaintiff executed and returned a stipulation of discontinuance.

This result reflects a complete defense victory, with the matter dismissed in full and no liability attributed to our client.

Congratulations to Marisa Polito on this successful outcome.