Partner Diana Neyman Obtains Unanimous NYS Court of Appeals Decision in Favor of One of the Firm’s Property Owner Clients

The New York State Court of Appeals unanimously affirmed the Appellate Division, First Department, decision to uphold the Lower Court’s decision granting summary judgment on liability. The plaintiff alleged to have slipped and fell within an internal staircase of our client’s residential property due to an allegedly wet and/or slippery condition, sustaining a patella fracture and tendon rupture, treated with patella fracture fragments excision, tendon reinsertion, open reduction internal fixation surgery and subsequent arthroscopic surgery involving retinacular release, synovectomy, limited chondroplasty and meniscectomy.

Diana successfully briefed, argued and established our client’s entitlement to summary judgment by demonstrating that it did not create the wet condition, did not have notice of same and had a proper and reasonable inspection and cleaning routine in place to address such conditions. Moreover, Diana successfully rebutted plaintiff's arguments including that the paint used by our client on the steps had an inadequate coefficient of friction thereby creating a hazardous condition which caused plaintiff’s alleged accident. The Court of Appeals fully accepted Cullen and Dykman’s argument, found that the plaintiff failed to raise a triable issue of fact in response and affirmed the Appellate Division, First Department, decision with costs.

About Cullen and Dykman’s General Liability, Tort and Insurance Defense Department

Our litigation attorneys represent individuals and corporations in general liability, tort and insurance defense matters ranging from personal injury and insurance coverage disputes to large-scale commercial litigation. Clients frequently engage our litigators to act as trial counsel in high-exposure cases, and we have extensive experience in appellate litigation involving liability and insurance matters.

About Cullen and Dykman

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.