Partner John Fabiani and Associate Jordan Meisner Obtain Summary Judgment on Appeal Dismissing Case as a Matter of Law

In a decision dated October 28, 2020, the Appellate Division, Second Department reversed denial of our summary judgment motion dismissing the complaint and all cross-claims as to our client, Vixxo Corporation.  The plaintiff was injured when a newly installed automatic door closed on her while she was exiting a Michael’s Store in Brooklyn, New York.  Vixxo had a master service agreement with Michael’s but was not notified of the broken door until after the accident, at which time it arranged to have the door repaired.  The Supreme Court denied our motion as premature.  The Second Department reversed, finding that Vixxo had demonstrated its prima facie entitlement to judgment by demonstrating, through its submissions, that it owed no duty of care to the plaintiff.  The parties opposing the motion failed to demonstrate that discovery might lead to relevant evidence or that the facts essential to justify opposition were exclusively within our client’s knowledge and control.  The complaint and all cross-claims were dismissed.

Arlene Braddy v. Related Companies, et al., 187 A.D.3d 1120, 131 N.Y.S.3d 239 (2d Dep’t 2020)

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This post was written by Sander Rothchild