FKB’s Andrew Kowlowitz and Jason Seiler successfully obtained summary judgment in Queens County Supreme Court on behalf of a snow removal contractor in an action where Plaintiff alleged to have slipped and fell on ice in the parking lot of her residence.  Plaintiff alleged that the snow removal contractor was hired by her Condominium Board to plow the parking lots of the premises. After extensive discovery, including multiple party depositions, FKB was able to establish and present evidence that its client did not owe a duty to the plaintiff, that their client’s role was limited to aiding in snow/ice removal from the outer walkways of the premises and in front of stoops, and that it did not perform any removal services in the area where the plaintiff fell.  FKB was also able established that it did not fit within any of the exceptions outlined Espinal v Melville Snow Contractors. Finally, FKB was also able to establish that the language of its contract did not warrant a finding of contractual indemnity by the Condominium Board and that any common law claims for indemnity and contribution lacked evidentiary support.

If you have any questions regarding the above, please feel free to contact Andrew S. Kowlowitz and Jason H. Seiler.