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Motion To Dismiss Granted – Nassau County Supreme Court

Pattitucci v. BJ’s Wholesale Club, Inc.

Nassau County Supreme Court granted BB&H’s motion for summary judgment and dismissed all claims against our client A.A.A. Refrigeration Service, Inc. (“AAA”).

Rosaria Pattitucci (“Plaintiff”) alleged that she slipped and fell in the produce area of a BJ’s Wholesale Club (“BJ’s”) due to a leaking overhead HVAC unit.  She initiated a lawsuit against BJ’s, who later commenced a third-party action against AAA. AAA provided refrigeration repair services at the BJ’s store on an “as needed” basis and without a written contract.

After eliciting favorable deposition testimony from all parties and based on the records detailing AAA’s servicing at the store, we moved for summary judgment arguing that AAA could not be held liable to BJ’s for indemnification and/or contribution because it was not negligent in causing the alleged condition. The Court agreed and granted our motion in its entirety dismissing the third-party action against AAA.

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