CMR Attorneys Joseph Catania and Chelsea Four-Rosenbaum Obtain Dismissal in Westchester County Premises Liability Action

Published On: July 6th, 2020

Catania, Mahon, Rider PLLC attorneys Joseph Catania and Chelsea Four-Rosenbaum obtained dismissal on behalf of Vernon Woods Apartments Inc. (“Vernon Woods”) in the case of Gloria Liliana Garcia v. Vernon Woods Apartments Inc., a premises liability action filed in the Supreme Court of the State of New York, County of Westchester. Plaintiff sought monetary damages for injuries allegedly sustained when she was caused to trip and fall due to a dangerous condition on the sidewalk. Plaintiff alleged that Vernon Woods, failed to keep the premises safe, allowed the creation of a dangerous condition which they failed to warn of and maintained the premises in a careless and reckless manner. 

Mr. Catania and Mrs. Four-Rosenbaum established through discovery that no unreasonably dangerous condition existed and filed a motion seeking dismissal on these grounds. Relying upon the photographs, an affidavit from their client and an affidavit of an expert engineer, Mr. Catania and Mrs. Four-Rosenbaum set forth that plaintiff failed to establish her claim as a matter of law   Vernon Woods, arguing that: (i) plaintiff failed to establish that an unreasonably dangerous condition existed; (ii) the mere existence of an alleged height differential does not create a dangerous condition; and (iii) any defect that may have attributed to plaintiff’s fall was trivial in nature. The motion was granted, dismissing all claims against Vernon Woods.