BMM Obtains Dismissal in Premises Liability Lawsuit

In an unwitnessed slip and fall accident in the Bronx, the plaintiff initially sued the owner and building management company for creating a water condition on an interior staircase. BMM’s plumbing contractor client was brought into the case several years later as a third-party defendant, and the plaintiff thereafter sought to assert a direct claim. Charles O'Bryan O’Bryan of our office filed a motion to dismiss the direct claim arguing that it was untimely. Plaintiff’s counsel opposed the motion and asserted that our client was ‘united in interest’ with the primary defendants. After hearing argument, the Court granted our motion, relying heavily on Charles’ arguments and dismissed the direct complaint. Obtaining a dismissal of the direct claim in the plaintiff friendly Bronx was another success for the BMM team and its clients.