Jason Stewart Prevails On Appeal In First Department In Premises Liability Case

Jason Stewart

On December 4, 2018, Jason Stewart obtained a unanimously affirmed decision from the Appellate Division, First Department upholding the trial Court’s decision which granted summary judgment dismissing all claims against our client in Joshua R., an infant, by Carmen N. v. 101 Delancey Realty, LLC, 2018 WL 6314107 (1st Dep’t, 2018). The plaintiff, a minor, claimed that while he was walking on the sidewalk adjacent to our client’s premises he was struck in the eye by an unidentified projectile.  The projectile allegedly came from a worker who was standing on a ladder performing façade repair work.  The trial Court granted summary judgment in favor of our client because the co-defendant performing the façade work was an independent contractor and the owner could not be held liable because it did not exercise control over the independent contractor’s acts.   On appeal, Mr. Stewart successfully argued that the plaintiff’s inability to identify the exact nature of the object was immaterial and that the co-defendant’s unreliable work records did not create a question of fact as to the building owner’s liability but rather was a question of fact only as to the potential liability of the co-defendant. The First Department agreed, adopted our arguments, and affirmed the lower Court’s decision dismissing all claim against our client.