On October 11, 2018, Koster, Brady & Nagler, LLP obtained a unanimous decision from the New York State Supreme Court, Appellate Division, First Department, reversing a lower court’s denial of a motion for summary judgment seeking a dismissal of the complaint against the firm=s client, a commercial property owner. The case involved an alleged slip and fall on a sidewalk due to a “black ice” condition at the premises. The lower court denied the motion for summary judgment, citing differing versions of facts as to the condition of the sidewalk. In reversing the lower court’s decision, the Appellate Division unanimously adopted this law firm=s position that the firm’s client properly maintained and inspected the sidewalk prior to the accident and the property owner did not have notice of the condition. In reaching their decision, the Appellate Division relied primarily upon the evidence which was obtained by KBN attorneys that the property owner’s employee cleared the sidewalk of snow and ice and continually inspected and maintained the sidewalk. Partner Louis E. Valvohandled the argument on behalf of the firm and was assisted on the appellate brief by Associate Danielle Bennett.
