MOTION TO DISMISS – KINGS COUNTY

5/30/2024: Young v. Surpoza Corp., et al. – The plaintiff sought damages for personal injuries sustained in an alleged trip and fall, due to a defective portion of a concrete sidewalk adjacent to a property leased by our client, Broadwill Associates. Plaintiff died prior to the completion of party depositions and his attorney then failed to timely substitute a representative to continue litigation in this matter. Julia Audibert filed a motion to dismiss, arguing that plaintiff’s complaint should be dismissed as our client would be prejudiced by the continuation of a matter in which there is no testimony by the plaintiff, and that the plaintiff’s attorney failed to exercise due diligence causing undue delay of the matter by not substituting a representative for the plaintiff in a reasonable amount of time. The plaintiff’s attorney opposed. Judge Rivera of Kings County Supreme Court agreed with our arguments and granted our motion to dismiss in its entirety.