News Briefs
Dell, Graham and Tarasowsky Secure Summary Judgment in Scooter Accident Case
January 20, 2023
Gregory Dell is a member of the firm’s Executive Committee and leads a national practice team in the area of Complex Tort & General Casualty. Greg handles all aspects of litigation for his clients and has achieved numerous successful results in state, federal and appellate courts. Greg works closely with clients to execute the preferred resolution strategy, achieving the desired end through the most cost-effective means available. He is adept at cost-benefit analysis and provides risk management services to clients, including measures to tee up risk transfer before litigation and position clients to best defend against claims that arise.
Greg understands the vast challenges of clients who own and manage commercial, residential, retail and hospitality real estate, as well as utility companies, in the defense of premises liability, construction, property damage, labor law and environmental claims. Greg also defends commercial transport companies in the defense of automobile liability claims. Drawing on the resources of a national firm, he offers innovative resolutions to pending and prospective litigation matters, and often is called on by clients to coordinate emergency response strategies on large loss claims. Greg lectures extensively, frequently presenting an accredited curriculum that provides clients with CE and CLE credit in various jurisdictions.
Complex Tort & General Casualty
Greg defends property owners, managers and retailers in premises liability matters involving personal injury and property damage claims and in general liability and labor law matters arising from construction-site accidents. In this capacity, Greg works with one of the largest owners and managers of real estate in the country, coordinating the defense of its general liability matters on a national scale. He also handles premises liability matters for other real estate clients of the firm, including commercial, residential, hospitality and retail sectors.
Another area of Greg’s practice involves representing commercial transport companies in automobile liability claims arising from vehicular accidents involving their drivers. On behalf of a fuel oil delivery company, Greg defends environmental claims arising from oil spills that occur during the delivery process.
Gregory Dell (Partner-New York, NY) and Omar Graham (Associate-New York, NY) defended global communications companies in a trip-and-fall case where the plaintiff was injured on a defective sidewalk. The plaintiff commenced four actions against thirteen defendants; three of the four cases were consolidated in Nassau County and the fourth tried in Queens County, resulting in Greg and Omar fighting the case in two venues. Discovery revealed the importance of identifying which specific aspect of the defect caused the plaintiff’s fall as the answer would affect which defendants were potentially liable. Despite receiving several opportunities at her deposition, the plaintiff admitted she was not sure whether she fell due to (1) the uneven sidewalk flags or cracks in the sidewalk, (2) missing portions of the sidewalk likely resulting from work performed thereon, or (3) a metal access box situated inside the defect. Notwithstanding that Greg and Omar were able to prove that the subject defect formed prior to the only work our clients performed in the decade before the accident, the Nassau County Court granted our client’s motion for summary judgment based on the plaintiff’s inability to identify what caused her fall, which is fatal to a plaintiff’s claim in New York. The Nassau decision legally precluded the Queens Court from a finding to the contrary, and the Queens Court granted our client’s summary judgment motion in that venue as well. The case in Nassau has been appealed.
Gregory J. Dell
Greg Dell (Partner-New York, NY) and Omar Graham (Associate-New York, NY) secured a summary judgment in a trip-and-fall case on behalf of a national communications client. The plaintiff alleged personal injuries as a result of tripping and falling due to a defect in the curbstone in front of a store our client did not own or operate, but was in fact owned by one co-defendant and leased and operated by another co-defendant, an authorized retailer of our client’s products and services. Plaintiff’s counsel inexplicably refused to discontinue after delaying his response for over a year, and instead preferred to force motion practice. Greg and Omar were able to show based on the definitions in the New York Administrative Code that a curb is actually considered part of the roadway, not the sidewalk, arguing on summary judgment that we had no legal connection to the defect or the property. At oral argument, plaintiff’s counsel argued that our motion should be denied to explore whether the defect could have been created by a client entity considering the presence of the store, but we were able to quickly establish that the defect actually predated the presence of the store and thus clearly there was no connection at all. Justice Patria Frias-Colon, New York State Supreme Court in Kings County, agreed with our arguments, and conversely found all of plaintiff’s arguments on opposition to be without merit. The motion was prepared and argued by Omar.
Gregory J. Dell