Jon Pisiewski Wins Reversal And Dismissal Of Plaintiff’s Case In Second Department

On July 18, 2018, Jon Pisiewski obtained a reversal of the trial Court’s decision and dismissal of the plaintiff’s complaint against our client from the Appellate Division, Second Department in Duncan v. 112 Atlantic Realty, LLC.  The plaintiff claimed that he tripped and fell when his foot became caught under the edge of a trench drain cover on the premises owned by 112 Atlantic Realty, LLC.  Our client, Feliks & Son Storage Tank Co. performed restoration of the concrete around the trench drain after a fuel tank replacement project nearly three year before the accident.  The Court below denied our motion for summary judgment.  On appeal, Mr. Pisiewski argued that Feliks did not owe a duty to the plaintiff and did not create or exacerbate the alleged dangerous condition.  Mr. Pisiewski relied upon testimony that when Feliks completed the cement work prior to the accident, the alleged dangerous condition did not exist.  The Second Department agreed, reversed the lower Court’s decision and dismissed the case.