News Brief

Potter and Dhami Obtain Summary Judgment

November 8, 2019

Jay Potter (Partner-New York) and Inderjit Dhami (Associate-New York) obtained summary judgment in the Supreme Court, New York County on behalf of a client construction company. Plaintiff, an employee at a Federal Reserve Bank where our client had performed renovation work, alleged that she tripped over a raised carpeting tile in the hallway roughly eight months after construction was complete, blaming it on negligent installation of the substrate flooring. The plaintiff and her husband sought $1.35 million to resolve the matter. Through FOIA demands on the Bank and the non-party testimony of Bank employees, Jay and Inderjit were able to objectively demonstrate that our client’s work did not in fact include the specific location where the plaintiff alleged she tripped and fell and they argued the client did not owe any duty to the plaintiff, not having created the alleged condition. After oral argument on the record and from the bench, Judge Kalish held that there were no triable issues of fact as to our client’s negligence and that Jay and Inderjit had established their prima face entitlement to Summary Judgment on the papers and at Oral Argument.

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