Associate Erin Masterson Secures Summary Judgment for Property Owner in Premises Liability Case

Associate Erin Masterson has successfully secured summary judgment on behalf of a property owner client. The plaintiff, a hired refrigeration technician, claimed injury after stepping down from a 17 to 18 inch drop between the HVAC system’s motor room and the rooftop surface at the property, arguing that landlord bore responsibility under the common law negligence and the New York Labor Laws.

The Court rejected these arguments and held that the work performed did not fall under the purview of the Labor Laws and the lease placed maintenance responsibilities on the tenant. Erin successfully argued that Plaintiff’s testimony did not establish that the property owner had notice of the alleged condition, as Plaintiff’s purported prior complaint was verbal and undocumented. The court thereafter determined that no triable issues of fact existed, and that dismissal was warranted.

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Cullen and Dykman (www.cullenllp.com) has been providing legal services to institutional clients since 1850. The firm represents a wide range of clients, including banks and other financial institutions, energy, telecommunications and water companies, construction companies, insurers, educational institutions, religious organizations, and not-for-profits. With over 190 attorneys in seven offices located throughout the Northeast and Mid Atlantic regions, Cullen and Dykman is strategically positioned to meet the changing needs and demands of our clients.