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Early Dismissal Granted in Favor of Property Owner

February 19, 2020

Associate Jennifer Cheong of our New Jersey office obtained summary judgment in favor of a property owner client prior to completion of discovery or depositions.  Plaintiff sued a nail salon and its property owner for injuries sustained after a negligent pedicure service. Jennifer argued that the Plaintiff’s injuries were solely caused by the services performed by the tenant, and no written discovery or depositions would create a triable question of fact. The tenant nail salon and the property owner entered into a lease agreement; however, we argued that our client had no control over the tenant’s activities or employees and thus owed no duty to the plaintiff. As the injuries were sustained solely by the actions of the tenant and not the result of a defect from the premises, the Court agreed with our arguments and granted summary judgment, finding our property owner did not have any liability.  Obtaining the early dismissal in favor of our client allowed us to save the client and insurer unnecessary fees and expenses.

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