Lynch Schwab, PLLC

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Summary Judgment in Premises Liability Claim

In Frenzel v. Miller Realty Associates, et. al., the Plaintiff claimed personal injuries as the result of a slip and fall incident in a parking lot in Levittown, New York. Our client did not own, control or otherwise operate the location of the injury.  Despite our requests for a discontinuance of the lawsuit by Plaintiff and the co-defendant Town of Hempstead, the suit proceeded.  Rather than engage in discovery, our office moved for summary judgment on behalf of our clients. 

The Court found that neither the plaintiff, nor co-defendant could create a question of fact sufficient to maintain the action against Miller Realty.  The co-defendant municipality had argued that discovery was not yet complete and requested the Court deny the motion.  That argument was rejected, since the proof had already established it was the Town that owned the parking lot, and that Miller Realty had no involvement whatsoever in the control or operation.

Frenzel v. Miller Realty Associates, et. al., (Nassau County 2012).

Posted on May 14, 2012