Summary Judgment – Westchester County

6/30/2011
Watson v. Tasgarakis
In Watson v. Tasgarakis, the plaintiff allegeded to have sustained personal injury after stepping in a pothole in a parking lot outside a bar/restaurant located on the premises owned by our client Dale Tasgarakis and leased to co-defendant Huskers, Inc.

At the close of discovery, Eric Cooper moved for summary judgment. Relying on the deposition testimony of all parties in conjuction with the lease agreement between the defendants, Mr. Cooper effectively demonstrated that the dangerous condition at issue was not a violation of any statutory provision, that Ms. Tasgarakis was an out of possession landowner and that her tenant was solely responsible for all repairs to the property, including the parking lot. As a result, Ms. Tasgarakis could not be responsible for plaintiff’s accident as a matter of law. The court agreed and dismissed the case against our client.