2/8/2023 – Martinez v. 411 Rest. Corp. et. al.
In this negligence action, plaintiff alleges that she was caused to trip and fall while descending down stairs to the bathroom at the Tonic East Restaurant and Bar. Specifically, plaintiff alleges that the lighting was insufficient and that the stairs were improperly designed and maintained. As a result of her fall, plaintiff sustained devasting injuries to her knee requiring an above the knee amputation. At the close of discovery, Reena Shah filed a motion for summary judgment on behalf of the out of possession landowner 411 Rest. Corp. on the basis that our client did not owe plaintiff a duty of care with regard to maintaining the interior stairway and lighting in the area where plaintiff’s accident occurred. Furthermore, 411 Third Ave. Corp. did not have any contractual or statutory duty to maintain or repair the subject premises and had no control over the subject premises or Tonic East’s employees. Additionally, the condition on the premises that plaintiff alleges caused her accident was not a significant structural or design defect in violation of a specific statutory safety provision. The Court agreed and dismissed plaintiff’s complaint and all cross-claims filed against 411 Rest. Corp. with prejudice.