Client: 92 Jefferson Street, LLC
Court: Supreme Court of the State of New York, County of Kings
Brief Attorneys: Alyson L. Knipe and Stephen J. Alexander
**Results may vary depending on your particular facts and legal circumstances**
Matter Caption: Rosa v. 92 Jefferson Street, LLC and The City of New York
Plaintiff tripped and fell on a screw that was embedded in the sidewalk abutting 92 Jefferson Street, LLC’s property. Plaintiff’s Notice of Claim and Plaintiff’s testimony was that the screw was in a location once occupied by a USPS mailbox. The day before the accident, Plaintiff observed the mailbox in its usual location. The next day, the mailbox was removed and Plaintiff tripped and fell on the screw that was left behind. Plaintiff did not notice the screw until after the accident. As a result of her fall, she went to the hospital and when she returned later that day, she saw the mailbox was in a different location. The google imaging photos supported the fact that the mailbox was moved.
On behalf of 92 Jefferson, we argued that the part of the screw left behind did not apply under NYC Administrative Code Section 7-210 and that 92 Jefferson did not create the condition or have actual or constructive knowledge of the condition for a sufficient length of time to remedy the condition. The Court found no issues of material fact and granted 92 Jefferson’s motion for summary judgment.
