New York, NY
Counsel Cheryl Fuchs was awarded summary judgment in a Kings County, NY premises liability case. In the case of Davis v. Linden Plaza, Preservation, LP, the plaintiff allegedly tripped and fell over “construction debris” in a parking lot on November 30, 2008. We represented Everest Scaffolding, a contractor that erected a sidewalk bridge at the site in September 2008, and removed it in October 2008, a month prior to the plaintiff’s accident. We took an aggressive approach, especially for Kings County, and moved for summary judgment pre-depositions. In support of our motion, we submitted our client’s work records and an affidavit from our client confirming the dates of work and the fact that once Everest removed the bridge it took all of its materials with it. Both plaintiff and the co-defendant property owner opposed our motion on the basis that it was premature without depositions. They did not, however, present an affidavit or any other evidence that would indicate that the “construction debris” belonged to Everest. As such, the court granted our motion and dismissed the case.