1/05/18 Richard Rios v. Lincoln Comfy Shop, Inc., et. al.

Plaintiff claimed he sustained serious and permanent injuries on September 2, 2013 after tripping over a hole in the sidewalk abutting the cellar doors in front of 3712 Junction Boulevard in Queens. Our client, Guardian Gate Company, Inc., removed the damaged cellar door unit and replaced it in kind at the behest of the property owner prior to the alleged incident.

At the close of discovery, Anthony J. Buono moved to dismiss plaintiff’s negligence claim along with the cross-claims asserted by the defendants. The Court agreed with our position and found that Guardian Gate Company did not create the allegedly hazardous condition either during the removal or installation process. As such, all claims and cross-claims against our client were dismissed as a matter of law.