Plaintiff Losses Summary Judgment in Sidewalk Accident; Can't Connect Contractors to Construction Work

Case: Blech v. West Park Presbyterian Church

Court: Supreme Court, Appellate Division, First Department, New York

Dated: 7/10/12

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens Accident Attorney)

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RELATED POSTS:

SUMMARY JUDGMENT GRANTED TO LANDLORD AND CONTRACTOR FOR SIDEWALK TRIP AND FALL ACCIDENT

SIDEWALK ACCIDENT CASE DISMISSED BECAUSE CONSTRUCTION ON ADJOINING PROPERTY NOT CAUSALLY RELATED TO DEFECTIVE CONDITION; NO PROXIMATE CAUSE

NO SUMMARY JUDGMENT TO PROPERTY OWNER IN BROKEN SIDEWALK ACCIDENT, EVEN THOUGH SIDEWALK NEXT TO FIRE HYDRANT

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Facts: Plaintiff had a trip-and-fall accident on a sidewalk. Defendants moved for summary judgment.

Defendant Richmond didn't own the land abutting the sidewalk defect, or erect a sidewalk scaffold or do any construction work at the property that woupd cotribute to an accident.

Defendant Monadnock showed that it provided services to prepare for the construction, but performed no actual construction.

No construction was ever performed by any company because the project was abandoned for economic reasons.

Held: Richmond owed no duty of care to plaintiff and is granted summary judgment dismissing the lawsuit against it.

Monadnock owed no duty of care to plaintiff and is granted summary judgment dismissing the lawsuit against it.

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