APPELLATE DIVISION UPHOLDS SUMMARY JUDGMENT DENIAL ON “OPEN AND OBVIOUS” CONDITION

New York, NY – Dec 8, 2023 – Cohan Law Firm (cohanlegal.com), a leading personal injury law firm in New York, secured a significant decision at the Appellate Division Second Department of New York. The firm, represented by Michael Cohan and Beth S. Gereg, successfully defended the rights of their client in an action to recover damages for personal injuries, ultimately resulting in an order affirming the decision in favor of their client.

The case centered around a complex incident in May 2019, where a plaintiff sustained injuries while riding an electric unicycle on a sidewalk, which became entangled with a hose on the sidewalk in front of East Hills Subaru car dealership. The Plaintiff fell onto the sidewalk and suffered serious injuries.

The plaintiff alleged negligence on the part of defendants East Hills Subaru, Inc., East Hills Chrysler-Plymouth, Inc., and Fleetking, Inc., asserting that they created a dangerous condition on the premises by leaving the hose on the sidewalk while their employees washed cars at the dealership.

In the order, entered on December 7th, 2023, the Appellate Division Second Department upheld the decision of the Supreme Court, Nassau County, denying the defendants’ motion for summary judgment to dismiss the complaint.

The appellate decision emphasized several key legal points, including the defendants’ failure to establish that the condition was not inherently dangerous, despite being open and obvious. This ruling reaffirms the principle that the determination of a dangerous condition is a fact-specific matter, left to the discretion of a jury.

Michael Cohan commented, “We are thrilled with the Appellate Division’s decision affirming the lower court’s ruling. This outcome underscores our commitment to advocating for our clients even in the most complex cases.”

Cohan Law Firm remains at the forefront of championing clients’ rights in personal injury cases, continuously striving to secure favorable outcomes and just compensation for those harmed.

For more information about Cohan Law, PLLC, and their legal services, visit cohanlegal.com, email [email protected] or call 212-601-2693.

About Cohan Law, PLLC: Cohan Law, PLLC is a distinguished personal injury law firm based in New York, renowned for its commitment to excellence in legal representation and its track record of successful outcomes in complex cases.

Contact Information:
Michael Cohan
Esq. 212-601-2693
[email protected]
www.cohanlegal.com
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