When looking for a trip and fall lawyer in Long Island it is important to look for an expert in “premises” cases. A premises case is usually a slip and fall or trip and fall accident. Premises cases have particular rules which can make all the difference in your case. The purpose of this article is to review a premises case in Long Island to help demonstrate some of these issues.
In February of 2017, the plaintiff slipped and fell on ice on a sidewalk in Freeport. The sidewalk was next to an empty lot. Following the accident, the plaintiff sued the Village of Freeport, Moncion Realty who was the landowner, and JB & Associates Real Estate. The land owner hired JB to sell the empty lot prior to the accident.
In any premises case it is likely that the defendants will move for summary judgment. Summary judgment is when one of the parties asks the judge to decide the case before it ever gets to the jury. The judge’s decision will generally come down to a point of law which your personal injury lawyer from Long Island will have to be aware.
Summary Judgment And The Approach By A Trip And Fall Lawyer In Long Island
In this case, JB moved for summary judgment very early in the process. JB submitted an affidavit of their owner. The affidavit stated that JB did not own, control, occupy or maintain the property. However, the affidavit did not supply any supporting documentation. JB did admit that it listed the property.
The trip and fall lawyer from Long Island argued that the motion was deficient because the defendant did not attach any supporting documents. They highlighted the fact that the defendant even failed to attach the agreement with the property manager.
The trial court is the first level of court in New York. The trial court agreed with the defendant and dismissed the case. This meant that the plaintiff could either appeal, or the case was lost. The plaintiff appealed. In an appeal, the higher court reconsiders the lower courts decision. As to the defendant JB, the appellate court agreed with the trip and fall lawyer from Long Island that the defendant’s motion was deficient.
The Village also moved for summary judgment very early. The Village asked the judge to dismiss the case because they did not have responsibility for the property. The trip and fall lawyer from Long Island also opposed this motion as premature. They felt that it was too early for this motion and that the parties should take more time to exchange information. The court disagreed. As a result, the Village was let out of the case. After these rulings, the plaintiff is allowed to continue the case against the property owner and the realty company.
All of these appeals have happened prior to significant discovery. Therefore, following this decision the case will move on a normal course.