Brief Description of Case:
This is an action where plaintiff sought recovery for personal injuries allegedly sustained when she was caused to trip and fall in a roadway in front of the subject property, located in Brooklyn, New York.
Court or Jury’s Decision and Reasoning:
By motion, our office argued that defendant, Talmud Torah, did not cause and/or contribute to the creation of the roadway. In addition, our offices argued that while defendant, Talmud Torah, may have utilized the roadway in front of the subject property for the purposes of allowing students to embark and disembark is not a special benefit giving rise to a special use. The Honorable Judge Abadi granted Talmud Torah’s motion for summary judgment.