FOR IMMEDIATE RELEASE
July 27, 2020
Contact:Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
QPWB DEFENSE OBTAINS DISMISSAL IN PREMISES LIABILITY NEGLIGENCE CLAIM
NEW YORK ― Tanya M. Branch, managing partner of the New York City office, represented their insured, Linden Plaza Housing Co., “Linden Plaza.” The plaintiff alleged sustaining personal injuries as a result of being struck by a metal gate affixed to Fine Fair Supermarket “Fine Fair.” The plaintiff died of causes unrelated to her injuries and an administrator to the estate was appointed by the Surrogate Court. Plaintiff claimed that Linden Plaza was negligent because they owned, operated, managed, controlled, and repaired the premises and gate. Further, the plaintiff alleged that the defendants, Linden Plaza and Fine Fair, were negligent and careless in permitting the gate to remain in a defective condition.
The defense submitted a Motion to Dismiss arguing that the plaintiff’s complaint should be dismissed with prejudice, along with any cross-claims by the defendants, because on the date of the accident our insured did not maintain control over the gate, nor did it manage the premises or perform any maintenance or repairs with regards to the gate. Further, we argued that the defendant Fine Fair admitted that it was the entity responsible for maintaining the metal gate.
Honorable Lorna McAlister granted the defense’s motion to dismiss the plaintiff’s complaint, and all cross-claims. The Court found that the defendant met their prima facie burden and that the defendant, Linden Plaza, was an out of possession landlord who relinquished control of its premises to the tenant and subtenant of the premises.
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Tanya M. Branch is the Managing Partner of the New York City office. She represents contractors, subcontractors and municipalities in claims involving personal injury, property damage and construction accidents. Her practice focuses on complex general liability and the representation of insurers and insureds in commercial general liability claims and all other aspects of personal injury litigation. She received her law degree from Touro College Fuchsberg Law Center in 1994 and is admitted to practice in New York and the U.S. District Courts for the Eastern and Southern Districts of New York.
Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women owned law firm in the nation with 23 offices in the U.S. and abroad across a spectrum of industries in over 40 areas of practice. Our lawyers provide representation in litigation, business, real estate and governmental law.