Anne Marie Esposito secured the dismissal of all claims against a national grocer on issue of “Special Use”

Fri January 31, 2020 / by / General Liability

In two separate cases, Anne Marie Esposito secured the dismissal of all claims against a national grocer on summary judgment grounds. In each of the cases, the Plaintiffs claimed that they fell due to a defect in a parking lot, which was adjacent to the store entrance and located in front of a small shopping center with three tenants in Hewlett, New York. Plaintiffs alleged negligence in the ownership, control, maintenance and repair of the parking lot. In New York, a defendant can be liable for a defect on property which it owns, occupies or controls. See, e.g., Zylberberg v. […]