Traub Lieberman New York partner Colleen E. Hastie recently obtained summary judgment dismissing plaintiff’s complaint on behalf of its client, a parking garage operator, in New York Supreme Court, Kings County. Plaintiff alleges she slipped and fell on ice accumulated on the driveway of the parking garage. TLSS successfully argued that evidence established that the water originated from a burst pipe from the theater located above the parking garage, and that the theater and property owner undertook all efforts to remediate the leak and prevent pedestrians from entering the area of water accumulation. The court, in granting the parking garage summary judgment, held that the parking garage did not have notice of the alleged condition. The court further held, in dismissing the property owner’s cross-claims, that there is no valid lease agreement between the parties as the lease agreement names a different parking garage entity.
