KWMC Obtains Summary Judgment in Sidewalk Trip and Fall Case

KWMC associate, Argie Drakos, was successful in a motion for summary judgment in a premises liability case venued in Westchester County.  Plaintiff claimed that she tripped and fell due to a defect on the accessible ramp of the sidewalk adjacent to the premises owned by our client.  Per the Order of the Hon.  Alexandra D. Murphy, dated March 29, 2023, the Court held that, while section 153 of White Plains City Charter charges landowners with the obligation to maintain the sidewalks abutting their property in a safe condition, the ordinance does not impose liability on owners for injuries caused by violation of that duty. The Court found that we established a prima facie entitlement to judgement as a matter of law by establishing our client did not create the alleged defect or make special use of the sidewalk.  The plaintiff’s complaint was dismissed in its entirety, along with all cross claims.