The firm’s New Jersey office successfully obtained Summary Judgment in our client’s favor in Hudson County, New Jersey.
This action stemmed from personal injuries allegedly sustained by Plaintiff when he slipped and fell at a store in New Jersey. While walking in the store, Plaintiff walked through a puddle of water on the floor which caused him to slip and fall. The Plaintiff sued that store owner and our client, the landlord, under the theory of negligence. Our office cross-claimed against the store owner seeking defense, indemnification and/or contribution on behalf of our client.
Associate Jennifer Cheong argued that summary judgment was warranted based on the lease agreement between our client and store owner. Pursuant to the lease agreement, the store owner was obligated to maintain the premises in good condition, maintain liability insurance for the benefit of the landlord and name the landlord as an additional insured on said policy, as well as to defend and indemnify the landlord in the event of an alleged loss arising in or about, or out of its use of the property. The store owner’s failure to mop up the puddle of water in the store was a failure to maintain the store in good condition. Ms. Cheong additionally argued that our client was entitled to recover its legal fees and costs incurred in its defense of this matter. The store owner’s failure to defend our client’s interests was also a breach of the lease agreement; as such, our client was deprived of the benefits contracted and therefore, it is entitled to recover breach damages and be made whole.
The Court granted summary judgment on behalf of our client and awarded our client all counsel’s fees and litigation expenses from co-defendant store owner. First, the Court found that there is no genuine issue of material fact regarding the issue of liability. Second, the Court held that our client is entitled to recover legal fees and costs based on the lease agreement.