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Brooks & Berne, PLLC Obtains Dismissal of Negligence Action Prior to Discovery

Nicole Varisco, Esq. and Michael Andreou, Esq. recently obtained dismissal of a personal injury action, wherein the plaintiff alleged that he was injured when he tripped and fell in a roadway/crossway in lower Manhattan. Plaintiff commenced suit against the Insured and several other entities, which ultimately resulted in a consolidated action involving 17 total defendants/third-party defendants. After a thorough review of plaintiff’s discovery responses, it was established that plaintiff fell in an area where the Insured did not perform any work. After obtaining an affidavit and supporting records to that effect, our office filed a motion to dismiss all claims against the Insured on the grounds that the Insured was not working in the intersection of Plaintiff’s accident and thus did not cause or create the allegedly dangerous condition. The motion was granted by the Honorable Lyle E. Frank in New York Supreme Court, New York County. Notably, the Insured was dismissed from the case before significant discovery was commenced, including all party depositions. This resulted in significant defense costs savings in light of the amount of parties in the action. Contact Nicole Varisco, Esq for more case details.

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