DISMISSAL – KINGS COUNTY
Jose A. Rivas v. Diagonal Realty LLC, SS Bridging & Scaffolding, and Dennis Clarke.
This action is based upon an alleged trip and fall due to a claimed defect in the sidewalk. Plaintiff alleged that our client, Dennis Clark, was the owner of SS Bridging & Scaffolding and was responsible for an alleged defect in the sidewalk.
James Walsh moved to dismiss plaintiff’s complaint on the basis that Dennis Clark did not own or manage the property, had no privity with the plaintiff, or connection to the sidewalk defect alleged to have caused the plaintiff’s accident. The Court agreed with Mr. Walsh’s position and dismissed the plaintiff’s complaint against Dennis Clarke in its entirety.