Dismissal of claims brought against bus yard.
We successfully obtained summary judgment dismissal of all claims against our client in a transportation/premises liability case in the Supreme Court, Nassau County. The plaintiff brought a claim for injuries sustained due to an alleged slip-and-fall in a bus yard owned by our client. The bus yard was leased to a transportation company that employed the plaintiff. The motion for summary judgment argued that our client, as an out-of-possession landlord, was only liable for injuries sustained due to a structural defect or specific statutory violation, neither of which were supported by the record. The plaintiff opposed our motion, arguing that since the current property manager did not sign the lease amendment and was not managing the property at the time of the incident, he lacked personal knowledge and could not authenticate the lease. The court rejected these arguments and the plaintiff's claims were dismissed in their entirety against our client.