Summary Judgment- Queens County
6/22/2011
Carnera v. 82-01 Roosevelt Avenue et. al.
In Carnera, plaintiff tripped and fell due to a height differential between the sidewalk and street in front of 82-01 Roosevelt Avenue, Queens, New York. As a result of his fall, plaintiff sustained a fractured hip requiring open reduction and internal fixation surgery. Our client, Broadway Bakery was the ground floor tenant in the building.
At the close of discovery, Philip Odett moved for summary judgment arguing that our client did not have notice of the alleged defect and also was not responsible for creating the defect. The court agreed and granted Mr. Odett’s motion dismissing the complaint with prejudice.