Fullerton Beck Obtains Early Dismissal in Premises Liability Case

Fullerton Beck partner Jason Aaron secured a pre-discovery dismissal in a New York premises liability case on behalf of the firm’s client, an exterior restoration contractor. The plaintiff sued our client for personal injuries stemming from an allegedly dangerous condition at a large commercial property, and the co-defendants asserted crossclaims for indemnification and contribution.

Prior to any substantive discovery, Jason conducted an extensive investigation to support a CPLR Section 3211(a) motion to dismiss the Complaint and all crossclaims. Jason relied on documentary evidence establishing that the firm’s client did not breach any duty of care to the plaintiff or co-defendants and did not create or contribute to the alleged dangerous condition that allegedly caused the accident. The court agreed with Jason’s arguments in their entirety, finding that the firm’s client could not be found liable for the accident and dismissed all claims against it.

Obtaining an early dismissal is an excellent result as it protects the firm’s clients from expensive and protracted litigation. The result also reiterates the firm’s focus on early investigation and aggressive case handling at the outset.

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