Nicholas Napoli (Of Counsel-White Plains, NY) convinced the New York Supreme Court, Bronx County that the plaintiff's unreasonable and unforeseeable decision to climb a fence on our client property owner’s premises was a superseding intervening act that absolved our client of any liability. The plaintiff was a visitor at the property, who decided to exit the building via a clearly marked emergency exit that opened into an enclosed outdoor area separated from the public sidewalk by a seven-foot fence with a gate that was kept locked except for emergencies. The emergency door had locked behind her for security. After 10 minutes confined within the outdoor area, despite having her cell phone to contact management for assistance, plaintiff decided to climb over the fence and fractured both her legs jumping down onto the sidewalk. Nick, rather than retaining a competing expert, moved for summary judgment, arguing that even if the building violated code, which was not corroborated by other evidence, it would not constitute the proximate cause of plaintiff's injuries. The court accepted their arguments and granted the motion dismissing plaintiff's action in its entirety.