Counsel Cheryl Fuchs was awarded summary judgment in a New York County, NY premises liability case.  In the case of Maldonado v. 106th Street Houses, Inc., the plaintiff alleged that he tripped and fell over a hole that was located underneath a sidewalk bridge that our client, Everest Scaffolding, Inc., had erected.  We took an aggressive approach and moved for summary judgment pre-depositions.  In support of our motion, we submitted an affidavit from our investigator and our client indicating that the hole was at least three feet away from the nearest sidewalk bridge pole.  The affidavit further explained that the erection of the sidewalk bridge did not alter the sidewalk, and could not have created the alleged hole that caused plaintiff’s accident.  In opposition, both plaintiff and co-defendant argued that the motion was pre-mature, and that a deposition of our client might reveal that the erection of the sidewalk created the hole.