KWMC Obtains Summary Judgment in Slip and Fall Action

KWMC senior associate, Jonathan Janofsky, was successful in a motion for summary judgment in a premises liability case venued in New York County.  Plaintiff claimed that she was injured when she slipped and fell down an alleged faulty staircase in the building owned and managed by our clients.  In moving for summary judgment, we argued that plaintiff could not identify what caused her to fall and, regardless, that there was no actionable defect to support a common law negligence cause of action.  In opposition, plaintiff relied upon an affidavit of an engineering expert who opined that the staircase contained multiple hazardous conditions, including non-uniform riser heights, worn treads, and excessive stair nosing that created a tripping hazard.  The Court found that, because plaintiff could not identify the cause of her fall, plaintiff’s claim of negligence rests on speculation and was, therefore, insufficient to rebut defendants’ prima facie showing of entitlement to summary judgment.  As a result, in an Order dated May 27, 2026, Judge David Cohen granted the defendants’ summary judgment motion, dismissing the complaint.