Flores v. Beechwood RB Shorehaven LLC, et al.

Plaintiff claimed that she sustained serious personal injuries on January 27, 2015 when she slipped on ice and snow in the parking lot of the apartment complex located at 224 Neptune Lane, Bronx, New York. Our clients, The Beechwood Organization and Beechwood RB Shorehaven LLC (the “Beechwood Defendants”) submitted admissible evidence that the Beechwood Defendants did not have ownership, occupancy, control, or special use of the premises that was the subject of plaintiff’s accident. In an effort to avoid further litigation costs, Rachel M. Smith requested a voluntary discontinuance of all claims and cross-claims against the Beechwood Defendants which the parties refused to execute.

Ms. Smith moved for summary judgment seeking to dismiss all claims on the basis that the Beechwood Defendants could not be held liable for negligence alleged by plaintiff. Ms. Smith argued that the Beachwood Defendants did not have ownership of the subject premises and were not under any obligation to remove the alleged dangerous condition of snow and ice. In opposition, counsel argued that our motion should be denied because the exact area of the plaintiff’s accident had yet to be confirmed and further discovery was needed to determine liability.

Judge Fernando Tapia agreed with Ms. Smith’s arguments and noted that “the mere hope that evidence sufficient to defeat a motion for summary judgment may be uncovered during the discovery process is insufficient to deny such a motion.” Therefore, the Court granted the motion dismissing all claims and cross-claims against the Beechwood Defendants.