09/16/2026
Summary Judgment Dismissal in Nassau County
BBO&C Associate John Reagan recently secured a summary judgment dismissal on behalf of his client, a tenant, in New York State Supreme Court, Nassau County after oral argument before the Honorable Gary M. Carlton. Plaintiff alleged that defendants’ negligence caused him to slip/trip and fall while descending an exterior stairway resulting in injuries to his neck, back and shoulder requiring multiple injections. Through the lease and an Affidavit from our client, John established that our client was not responsible for the maintenance of the subject stairway. The Court agreed that the tenant could not be held liable for injuries occurring in a common or exterior space that they have no contractual obligation to maintain or repair if there is no evidence that the tenant caused or create the dangerous condition. Merely using an exterior staircase to access the basement does not constitute special use.
