Elissa Rizzo Wins Summary Judgment in Supreme Court, Kings County

On May 27 2026, Elissa Rizzo, Esq., appeared in Supreme Court, Kings County before Justice Inga O’Neale for oral argument in support of our motion for summary judgment in the case of Betancourt, et ano. v. City of New York, et al. (504047/2025). The Betancourt case arose from a work-site accident that occurred on Tuesday, September 17, 2024, at approximately 1:45 p.m. on the 9^th floor of the premises known as 345 Adams Street, Brooklyn, New York.  The plaintiff, Luis Betancourt, claims that he was injured while working at the building when a large piece of ceiling fell and struck him while he was working on a scaffold.  The plaintiff asserted claims under Labor Law Sections 200, 240(1) and 241(6) along with a cause of action for common law negligence.  As a result of the accident, Mr. Betancourt allegedly sustained injuries to the neck, lower back, right shoulder, and right elbow.  He ultimately underwent surgery to the cervical spine involving an anterior cervical discectomy and fusion at the C5-6 and C6-7 levels.  In our pre-deposition Motion for Summary Judgment, we argued that our client, Allied 345 Retail, LLC, was not an owner of the 9^th Floor condominium unit where the accident occurred.  We produced relevant ownership documents and an Affidavit from the client attesting to those facts.  We also relied on the plaintiff’s testimony from his 50-h Hearing.  It was argued that Allied 345 Retail, LLC did not owe the plaintiff a duty of care in the first instance, was not a proper Labor Law defendant and therefore could not be liable for this accident.  The Court granted our motion and now all claims and cross-claims against Allied 345 Retail, LLC are dismissed.  We were able to get out of a potential seven-figure valued case in Kings County before the party depositions were held thereby protecting the client’s interests and limiting the defense costs incurred by its insurer.