Gunjan Persaud and Joseph Muscarella win Motion for Summary Judgement in Kings County, Supreme Court

On March 27, 2025, Gunjan Persaud and Joseph Muscarella won a motion for summary judgement on liability on behalf of a real estate entity of a major New Your City hospital. Our motion sought dismissal of the Complaint alleging negligence against the real estate entity of the hospital in its entirety. The matter centered upon plaintiff’s allegations of a dangerous or hazardous condition and defendant’s alleged failure to remedy the same, despite alleged actual or constructive notice, resulting in a left knee arthroscopy, with cervical and lumbar herniations following plaintiff’s slip and fall.  The Court concluded that, despite plaintiff’s efforts to implicate our client, the defense diligently established, through the record, a prima facie showing that the real estate entity bears no liability for plaintiff’s fall as they were an out of possession landlord who had no actual or constructive notice of the alleged defect. Following oral arguments, the Court granted our motion for summary judgement on liability, finding that there was no triable issue of fact as to the defendant’s liability and dismissed plaintiff’s Complaint in its entirety.