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Rush & Sabbatino partner, Francesca A. Sabbatino, recently obtained summary judgment on behalf of a client condominium association in an action which resulted from a fall on the condominium’s front steps. The plaintiff, a resident of the building for more than 20 years, claimed that he was caused to trip while climbing the stairs due to dimensional irregularities in the steps. Plaintiff, a 45 year old elevator operator, severely fractured his left humerus requiring open reduction and internal fixation. He further claimed that the fracture caused nerve damage resulting in a claw hand deformity.
Plaintiff alleged that the staircase riser heights were not uniform and that the handrails were not properly placed, in violation of The New York City Building Code. Ms. Sabbatino successfully argued that plaintiff’s expert opinion was based on a misreading of the measuring device used to determine the step dimensions and in fact no dimensional irregularities existed. Rather, the accident was the result of a simple misstep on plaintiff’s part. The Court held that the condo association proved that the steps were reasonably safe and granted judgement in its favor dismissing the case.
Francesca Sabbatino Obtains Summary Judgment on Behalf of Condo Association