Neil Mascolo Wins Summary Judgment in Nassau County

On July 25, 2024, Neil Mascolo won summary judgement on behalf of a property manager in a premises liability matter venued in  Supreme Court, Nassau County. Plaintiff, an employee of the buildings cleaning sub-contractor, sued numerous parties, including the property owner and one of the cleaning sub-contractors, alleging that the defendants were negligent in causing the plaintiff to slip and fall on an unknown foreign liquid in one of the building’s stairwells. We made several arguments in support of our motion for summary judgement. First, that our client owed no duty to the plaintiff who was hired to remedy the condition  complained of and that there was a lack of actual or constructive notice of a hazardous condition. We also argued that our client did not direct, control or supervise the plaintiff’s work at the site.  The court agreed with our arguments and held that the plaintiff could not maintain his cause of action for negligence because our client retained the plaintiff’s employer to perform cleaning tasks at the property. In finding that there was neither actual or constructive notice, the court noted the  plaintiff’s deposition testimony which confirmed that he inspected the stairwell the day before and the morning prior to the accident and found no hazardous condition.