SUMMARY JUDGMENT – WESTCHESTER COUNTY

4/19/24Davis v. Citywide Painting Corp.: In her lawsuit, plaintiff sought damages for personal injuries sustained when she slipped and fell on a painted curb at an apartment complex owned by co-defendant River Park Residences, LP. As a result of her fall, plaintiff sustained significant injuries to her ankle which necessitated numerous surgeries and will likely require additional surgeries in the future. Six months prior to plaintiff’s accident, River Park hired Citywide Painting Corp. to paint the curb where plaintiff slipped. River Park chose and provided the paint to be used. Christopher C. Mauro and Katelyn Marquez argued that plaintiff’s complaint should be dismissed under the principles of Espinal. Justice Ondrovic agreed with our arguments and found that Citywide Painting was not liable for plaintiff’s fall as Citywide Painting did not launch the force of harm that injured plaintiff.