Attorneys Robert M. Leff and Megan E. Bronk Win Summary Judgment Motion In Case of Trip and Fall on City Sidewalk

September 5, 2007

Traub Lieberman Straus & Shrewsberry LLP is pleased to announce that the Supreme Court of New York, Kings County dismissed the case against JTG & Sons Scaffolding Co. Inc. (“JTG”), granting a motion for summary judgment in its entirety. 

In Michael Leiserowitz v. JTG & Sons Scaffolding Co. Inc., Plaintiff claimed severe personal injuries, including a fractured ulna with open reduction internal fixation and bone grafting, as a result of a trip and fall on part of a tree located in the sidewalk.  Plaintiff alleged that JTG was negligent in taking down the tree or otherwise causing the tree to be on the sidewalk and the City of New York asserted third-party claims against JTG for common law and contractual indemnification, contribution and breach of contract. 

Representing JTG were Traub Lieberman attorneys Robert M. Leff and Megan E. Bronk, who maintained that JTG's sole involvement in the matter was the placing of a sidewalk bridge at the subject premises. Mr. Leff and Ms. Bronk crafted a motion for summary judgment, citing the lack of evidence of causation. 

After careful review, the Court found that there was no evidence of affirmative acts of negligence by JTG which resulted in the alleged dangerous condition on the sidewalk.  The Court further found that there was no contract between JTG and the City such that the City could maintain its contractual indemnification and breach of contract claims.  Accordingly, the Court granted Traub Lieberman's motion for summary judgment, and dismissed Plaintiff's direct claims and the City's third-party claims against JTG. 

Traub Lieberman congratulates Mr. Leff and Ms. Bronk on their success in this case. For more information about Mr. Leff, a partner with Traub Lieberman, please visit:

http://www.traublieberman.com/profiles/robertleff/

For more information about Ms. Bronk, an associate in Traub Lieberman's New York office, please visit:

http://www.traublieberman.com/profiles/meganbronk/

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