Lynch Schwab, PLLC

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SUMMARY JUDGMENT GRANTED TO LYNCH SCHWAB & GASPARINI CLIENT, A ROCKLAND COUNTY STRIP MALL OWNER

In Harracksingh v. Bed Bath & Beyond and Milbrook Properties, Ltd. the plaintiff claimed that she was injured after tripping over a metal bar which was part of a cart corral in the defendant’s mall parking lot.  She further alleged that the metal bar was not adequately secured to the asphalt, thus allowing the bar to become a tripping hazard.  The Court found that Lynch Schwab had proven their client did not own, control or construct the shopping cart corral, and as such did not owe the plaintiff a duty of care.  The Court also found that a store tenant was the party which constructed the cart corral and was responsible for maintaining it and, as such, was the proper defendant in the lawsuit.

Harracksingh v. Bed Bath & Beyond and Milbrook Properties, Ltd. (Supreme Court, Rockland County).

Posted on April 6, 2015 in Firm News