VBPNP Team Secures Summary Judgment Win

On January 25, 2022, the team of Joseph P. Muscarella, Dylan Braverman and John Barker, secured summary judgment in favor of their not-for-profit corporate client in Supreme Court, Queens County. Plaintiff alleged that she was caused to sustain personal injuries as a result of fall that took place on a stairway located inside a building. Mr. Muscarella argued that the evidence was clear in that his client did not create the alleged defect/dangerous condition on the stairway, nor were they responsible for maintaining the stairway. In addition, Mr. Muscarella convinced the court that the evidence showed that the co-defendant in the action was responsible for maintaining the stairway.  The Honorable Tracey Catapano-Fox determined that Mr. Muscarella established entitlement to summary judgment.  The Court found that the corporate not-for-profit client did not own, maintain or control the stairway of the premises on the date of plaintiff’s accident, and did not cause or create any dangerous/defective condition on the stairway. As a result, the Court concluded that the corporate not-for-profit client could not be liable for plaintiff’s injuries and dismissed the complaint as against the client.  The Court’s dismissal averted the need for the client to continue with litigation and prevented a costly trial from taking place.