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Graham Obtains Summary Judgment for Telecommunications Giant in Kings County Premises Liability Case

January 5, 2021

Omar Graham (Associate-New York, NY) took over handling a trip-and-fall case involving a major telecommunications company from a prior defense counsel in November 2019. The case included 12 defendants and/or third-party defendants, with the plaintiff suing our client in a second action alleging that all direct defendants failed to own, operate, maintain or repair the sidewalk in connection with work performed at the location. The plaintiff underwent surgery for a fractured right ankle and ruptured tendons six months after the accident, and would eventually return to work as a station agent for the MTA. Shortly after taking over the matter, Omar determined that the plaintiff tripped on an oil valve or its cap. He established that our client telecommunications company would have had no involvement with the oil valve or plaintiff’s accident, and sought a voluntary discontinuance. After the plaintiff refused to dismiss our client from the case, Omar moved for summary judgment. Supported by the plaintiff’s own discovery responses and an affidavit by a client’s research consultant, Omar argued that the client did not perform any work at the location and has never provided oil services, and thus could not be liable to plaintiff for his injuries. A motion hearing was held in December 2019 and Justice Katherine Levine granted our motion for summary judgment.

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