SUMMARY JUDGMENT GRANTED

Stephen V. Morello, Esq., a partner with our firm, was recently successful in having a claim dismissed by virtue of a Motion for Summary Judgment.  The matter was venued in Supreme Court, Bronx County and involved a young woman who slipped and fell outside of the St. Nicholas of Tolentine Church. As a result of the slip and fall she sustained a bimalleolar fracture. Mr. Morello argued that the accident occurred during a storm in progress and that his client did not have an opportunity to remedy the condition after a reasonable amount of time had elapsed since the weather event ceased. Plaintiff’s counsel’s opposition included an Affirmation from William Marletta, P.E. who opined that the granite slabs adjacent to the church presented a hazard because they became more slippery than regular concrete when wet and further, because the area was located on a hill, the defendant owed a greater duty of care. The Court found that the plaintiff’s opposition failed to raise a triable issue of fact and dismissed the Complaint as against our client.