Summary Judgment – New York County

Kuhlmann v. 77 Water Street, Sage Realtors, Cushman & Wakefield and Perma Iron Craft Corp.
In Kuhlmann v. 77 Water Street, et al, plaintiff was injured when he walked into an empty decorative pool located between the sidewalk and building at 77 Water Street in Manhattan. The building was owned and managed by the co-defendants. Our client, Perma Iron Craft Corporation was hired by co-defendants to repair a bench that bordered the decorative pool plaintiff fell into. Plaintiff alleged that our client was negligent in removing the bench, to repair it, thereby removing a “visual cue” to passersby of the existence of the pool. Plaintiff also argued that the removed bench served as a protective barrier to the pool. Prior to trial, Peter Lo Palo moved for summary judgment, arguing that the work performed by our client was not a proximate cause for plaintiff’s accident, that the bench did not serve as a physical barrier to the pool and that our clients were not responsible to ensure that a protective barrier was erected around the pool. The Court agreed and dismissed plaintiff’s complaint and co-defendants’ cross-claims.
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