BSMH successfully defends 22 New Scotland Ave, LLC and Albany Medical Center from a personal injury lawsuit. In the case, the plaintiff had alleged that she slipped and fell on a handicap accessible exterior ramp leading to and from the premises located at 22 New Scotland Avenue, Albany, NY due to icy conditions that existed on the ramp resulting in injuries including a fractured left wrist. Plaintiff asserted that at the time of the fall, the defendant had actual and constructive notice of the dangerous condition which caused her to fall. The premises where the plaintiff fell was owned by 22 New Scotland Ave, LLC but was leased by Albany Medical Center pursuant to a written sublease agreement.
Defendant moved for summary judgment on the grounds that (a) 22 New Scotland Ave., LLC was an out-of-possession landowner who transferred control and possession of the property to its tenant and retained no contractual obligation for snow removal; and (b) that there was an ongoing storm in progress at the time of plaintiff’s accident. The plaintiff cross-moved to amend the Complaint seeking to add Albany Medical Center as a named party based upon the relation-back doctrine.
In a written decision by the Honorable Judge Gerald W. Connolly of Albany County, the Court granted defendant’s motion for summary judgment dismissing the case and denied plaintiff’s cross-motion to amend the Complaint. The Court held that defendant demonstrated its entitlement to summary judgment dismissing the Complaint on the ground that it was an out-of-possession landlord and where it had established that a storm was in progress. The Court found that any stoppages in the snowfall were merely lulls in an ongoing storm. In denying plaintiff’s cross-motion, the Court also noted that 22 New Scotland Ave, LLC and Albany Medical Center were not united in interest where different defenses were available to each entity and plaintiff inexplicably failed to add Albany Medical Center as a named party earlier, before the statute of limitations ran, despite plaintiff’s awareness that Albany Medical Center was the tenant at the premises.
Congratulations Peter Balouskas on your case!