Decisions of Interest

Shmueli v. Barash and Crown Heights Jewish Community Council

Supreme Court, Kings County, Index No. Index No. 1242/09

In a premises liability action stemming from a slip/trip and fall incident allegedly caused by the depressed or raised condition of the sidewalk, plaintiff sustained multiple facial fractures, which required surgical intervention, broken teeth, hearing loss and injuries to the cervical spine and lumbar spine. Plaintiff asserted that the tenant and/or owner had a duty to keep the outside sidewalk area near the premises in a safe and reasonable condition.

Malapero & Prisco, defending the tenant, demonstrated that the tenant did not create the condition which proximately caused plaintiff’s injury and did not have actual or
constructive notice of the allegedly hazardous condition. Additionally, upon evaluation of the applicable lease agreement and the testimony of the defendants, Malapero &
Prisco contended that repairs to the sidewalk were the responsibility of the landlord. Following oral argument of Malapero & Prisco’s motion for summary judgment, the
Court ordered the dismissal of all claims and cross-claims against the insured tenant on June 30, 2011.