4/29/2009
Klussman v. New City Realty, et al.
In Klussman, plaintiff was injured while unloading pallets of water from his truck onto a loading dock at 207 W. 25th Street in Manhattan, New York. Our clients, New City Realty Corp. owned commercial space in the building and leased said space to one of the co-defendants. That co-defendant then sub-let the space to another co-defendant that was taking delivery of the pallets of water. Prior to trial, Peter Lo Palo moved for summary judgment, arguing that our clients did not own the loading dock in question and that we did not direct, control or supervise plaintiff’s delivery of the pallets of water to the co-defendants. Further, Mr. Lo Palo argued that none of the equipment being used by the plaintiff to deliver the water was owned by our clients. The Court agreed and dismissed the complaint and all cross-claims against New City Realty Corp.