Premises Liability

In addition to representation of defendants in suits involving single family dwellings, we have successfully represented and continue to represent nationally known supermarkets and retail chains, as well as large shopping malls and commercial landlords.

The issues involved in this type of litigation include the casual slip and fall, notice, open and obvious conditions, hold harmless indemnity provisions of leases, security and assaults, the rights and duties of absentee landlords, recurrent conditions, assumption of risk, snow and ice conditions, and issues of third-party beneficiaries.

Very importantly, although the emphasis of our representation centers on negligence-type claims, we provide certain clients with representation before administrative agencies, landlord-tenant, and in criminal proceedings involving building and fire code violations.

As a service to our clients, both the self-insureds and the insurance companies, we continually provide updates on changes in this area, most notably, recently with respect to the shift of sidewalk liability from the City of New York to the adjacent landowner.

The firm represented the American League Umpires in the Court of Appeals, in the case brought by Eliott Maddox, formerly of the New York Yankees, for injuries allegedly sustained at Shea Stadium because of the defective condition of the field.  The Court ruled in favor of the defendant in offering the dismissal of the case on the theory of assumption of risk.  Maddox v. New York Mets, 66 N.Y.2d 270 496 N.Y.S.2d 726 (1985).