Partner, Patrick W. Kenny, obtained a dismissal of plaintiff’s complaint and contractual indemnification from co-defendant tenants in an alleged trip and fall action in Kings County (Brooklyn), a difficult jurisdiction for defendants. Plaintiff alleged that he tripped and fell due to a defective condition located on the border of a sidewalk and parking lot. He sustained a fractured ankle which required surgery and also underwent surgery on his lower back.
BMM represented the owner and landlord of the premises, and filed an appearance despite the client being in default for almost two years. After addressing the default and filing an appearance, Patrick pursued discovery expeditiously despite delays caused by the pandemic. Once he completed discovery, Patrick filed a motion for summary judgment which the Court permitted despite the earlier delays and untimeliness of the motion. Patrick argued that plaintiff had failed to identify the cause of his fall and therefore could not prove proximate cause as a matter of law. In addition, Patrick argued that the leases required the tenants to indemnify the owner-landlord. The court agreed and dismissed plaintiff’s complaint against the owner, and also awarded indemnity in the owner’s favor from both tenants.
Through his aggressive work on this case, Patrick was able to achieve an excellent result for the client who risked personal exposure given the earlier default. By careful analysis of the facts and contracts, as well as strategic motion practice, Patrick was able to turn a problem file into a victory.