Traub Lieberman Partner Lisa M. Rolle obtained summary judgment in favor of the Defendant, a Construction Company (“Construction Company”) in a case brought before the Supreme Court of the State of New York, County of New York. The Plaintiff alleges she fell as a result of a special use of the sidewalk due to the work being performed by the defendant Construction Company. Prior to discovery, utilizing the Plaintiff’s 50-h hearing testimony and photographs, Ms. Rolle was able to establish that the defect of which the Plaintiff complained may have been near the construction site, but did not arise out of a special use of the sidewalk. The Court agreed, dismissing the complaint.
