Denise Bush Wins Summary Judgment Dismissing Plaintiff’s Premises Liability Case In Westchester County

On October 7, 2019, Denise Bush won summary judgment dismissing the plaintiff’s complaint in Feliciano v. Spruce Spires Associates, LLC, Index No. 58594/2017 (Sup. Ct. Westchester County). The plaintiff alleged that he slipped and fell on wet cardboard while exiting a Burger King in Yonkers, New York. Ms. Bush argued that the plaintiff could not establish the proximate cause of his injury because he did not know why he lost his balance and fell, that the videos surveillance showed that he began to fall before stepping on the sidewalk, and that our clients, the tenants in possession, did not have actual or constructive notice of any unsafe condition. The Court dismissed the plaintiff’s case finding that the plaintiff’s speculation as to what caused him to fall was not sufficient to deny the motion.