Kollross Secures Second Department Affirmance of Summary Judgment Win In Trip and Fall Case
June 26, 2024 / News
Melinda Kollross, CM Shareholder and Chair of its Appellate & Trial Monitoring Practice Group, recently obtained a unanimous affirmance of summary judgment for their clients in a sidewalk trip and fall case. Although the issue of whether a dangerous or defective condition exists depends on the particular facts of each case and usually presents a question of fact for the jury, the New York Appellate Division, Second Department agreed with the defense position that the alleged defect — a height differential between two slabs of concrete — was trivial as a matter of law and thus non-actionable. CM Shareholder Chris Scanlon and Partner Djordje Caran obtained the trial court victory.
Melinda S. Kollross
Djordje (George) Caran
Christopher T. Scanlon