2/5/2007
Temmel v. City of New York
In Temmel, the plaintiff, a pedestrian tripped and fell over a steel plate in the roadway of East Tremount Ave, Bronx, New York. She alleged that our client, The Market Store, along with the City of New York and Con. Ed., created the defective condition in the street.

Upon answering the Complaint, Eric Malinowski immediately moved for Summary Judgment arguing that our client neither created the defective condition nor contracted to perform any work in the street. The Bronx County Supreme Court agreed and dismissed the action against the Market Store prior to the exchange of any discovery and any court conferences.