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AGF&J obtains summary judgment in favor of defendant tenant in trip-and-fall case

Kessler v. Chelsea Papaya, Inc. and 23rd West Associates, Inc., Supreme Court, New York County, June 22, 2010

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AGF&J's Jessica Napoli won summary judgment on behalf of the client, a commercial tenant, in front of whose premises plaintiff allegedly was injured. The Court agreed that the tenant did not have a duty to maintain the sloping single-step riser that plaintiff claimed was defective. AGF&J also demonstrated that "the unambiguous provisions of the co-defendant's lease place the contractual responsibility for maintaining the single-step riser squarely on [the landlord's] shoulders." Summary judgment was granted dismissing all claims and cross-claims against the client.