John P. O’Toole (Of Counsel-New Jersey) and Andrew L. Smith (Associate-New Jersey) were awarded summary judgment in Union County Superior Court in a personal injury matter in which the plaintiff alleged that he fell down the steps of an interior staircase of a commercial, multi-family property. The plaintiff argued that the staircase was in a state of disrepair and lacked adequate lighting and a handrail, leading directly to his alleged permanent spinal injuries. The firm’s insured client was the legal property owner of record. Discovery confirmed that nearly two months prior to the alleged fall, the property had been foreclosed; a writ of possession was obtained and personally served upon the plaintiff; our client changed all the locks and did not collect any rents. Eventually, our client was forced to file an order to show cause to obtain uninterrupted possession to eject the plaintiff, among others, as unlawful occupants when they were found to be squatting on the property. The court agreed that our client was not legally in possession of the premises by virtue of its not collecting rent and by not otherwise controlling the property as a typical landowner, thereby entitling it to summary judgment as it owed no duty to the plaintiff.