Henriques v. Beechwood RB Shorehaven, LLC et. al.

Plaintiff claims she sustained injuries when she slipped and fell on a snow/ice condition on February 7, 2015 in a parking area of the Harbour Pointe at Shorehaven Condominium. Our clients, Defendants Beechwood RB Shorehaven and The Beechwood Organization (the “Beechwood Defendants”) submitted admissible evidence that the Beechwood Defendants did not have ownership, occupancy, control, or special use of the premises that was the subject of plaintiff’s accident. In an effort to avoid further litigation costs, Rachel M. Smith requested a voluntary discontinuance of all claims and cross-claims against the Beechwood Defendants which the parties refused to execute.

Ms. Smith moved for summary judgment seeking to dismiss all claims on the basis that the Beechwood Defendants could not be held liable for negligence alleged by plaintiff. Ms. Smith argued that the Beechwood Defendants did not have ownership of the subject premises and were not under any obligation to remove the alleged dangerous condition of snow and ice. In opposition, counsel argued that our motion should be denied because a deposition of all parties was needed before a determination of liability could be made.

Judge Howard Sherman agreed with Ms. Smith’s arguments. Judge Sherman found no probative value to raise an issue of fact in “the mere hope” that a deposition might produce some evidence that could give rise to a triable issue of fact and afford a basis for denial or continuance of the motion. Accordingly, the Court granted the motion dismissing all claims and cross-claims against the Beechwood Defendants.