In a decision dated November 23, 2021, Hon. Frederick Sampson dismissed the plaintiff’s complaint as to our client, Forest Hills Garden Corporation. We secured dismissal of plaintiff’s complaint in a summary judgment motion made immediately after answering and before conducting any discovery. By making the motion immediately after answering, we saved our client the expense of conducting discovery in this multi-party litigation. Plaintiff, a tenant in a privately owned home in Forest Hills Gardens was injured when she tripped and fell in a hole on the lawn in front of her home. She sued the homeowner as well as Forest Hills Gardens Corporation and several contractors. Relying on the By-Laws and Architectural Guidelines of the Forest Hills Gardens Corporation, we established that it had no duty to maintain privately owned property in Forest Hills Gardens.
Jaime Hochhauser v. Tortoroli and Tortorli, Inc. et al., Index No. 702367/2019 (Sup. Ct. Queens Co., Nov. 23, 2021)
This post was written by Sander Rothchild