Kristen A. Carroll (Partner-New York, NY) obtained summary judgment in the Supreme Court of the State of New York, New York County, on behalf of Wilson Elser’s client, a real estate investment company. In this premises liability case, the plaintiff allegedly fell from a riser step located on the first floor inside the defendant retailer’s unit. The plaintiff’s complaint alleged that our client and other defendants negligently maintained the unit.

Kristen moved to dismiss the complaint, arguing that our client was an out-of-possession landlord with no duty to maintain the area where the plaintiff fell. She further demonstrated that the plaintiff’s expert engineer’s report submitted in opposition to the motion was unsworn, inadmissible hearsay, and insufficient to raise a triable issue of fact. The court concurred and, given its finding in our client’s favor on liability, did not need to reach the issue of indemnification against the defendant retailer. Accordingly, the court granted Kristen’s motion in full and dismissed the plaintiff’s complaint. Wilson Elser will file an order with notice of entry of this decision, allowing the plaintiff 30 days to file a notice of appeal.