Partner Craig D. Baron Obtains Summary Judgment for Client in Westchester Supreme Court

Published on May 21, 2024

New York, NY (May 21, 2024) – New York City partner Craig Baron obtained summary judgment from the New York Supreme Court of Westchester County in a personal injury case involving a trip-and-fall on a Tarrytown, N.Y. sidewalk that a real estate developer client constructed ten years earlier.

The Plaintiff claimed that the sidewalk had not been properly deeded back to the Village and therefore the real estate developer was liable for the accident.

During discovery, Village employees testified that the Village was never given notice of the accident, nor was notice given to Rawle’s client of any hazardous condition. Mr. Baron was also able to establish that the Village never asked the client to make improvements to the sidewalk in the ten (10) years prior to the accident at issue.

Working closely with Rawle’s client, Mr. Baron demonstrated to the Court that neither local nor state law required the real estate developer to deed the sidewalk back to the Village. The fact that the client received the necessary approvals from the Village engineer confirming that the work on the sidewalk was satisfactorily completed, was further evidence that the sidewalk did not have to be deeded back to the Village.

In granting summary judgment, the New York Supreme Court expressly held that there was “no admissible evidence in the record substantiating that the sidewalk was anything but an ordinary Tarrytown-owned sidewalk” and that the developer had nothing to do with the sidewalks on West Main Street for more than a decade preceding the accident at issue.

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Rawle & Henderson LLP
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