BSH successfully obtained summary judgment and dismissal of a third-party complaint in the Northern District of New York, alleging that the client hospital owed indemnification to defendant-real estate holding company for a lawsuit filed under, among other things, the Americans with Disabilities Act and New York State Human Rights Law. Plaintiff’s lawsuit was based on: (1) the placement of a flower pot, (2) the condition of the sidewalk, and (3) and the condition of a non-automatic entrance door to the client hospital. We argued, among other things, that the client was not responsible for maintenance of the sidewalk, thus the flower pot and sidewalk claim failed. Furthermore, the court dismissed plaintiff’s claims about the exterior door because plaintiff did not dispute the evidence in the record that the door was compliant with the Americans with Disabilities Act.
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Admitted to practice before the Courts of:
- New York
- Various United States District Courts
- United States Court of Appeals for the Second Circuit
- United States Supreme Court.