In Etimos v. Casa Bella Property Management, the Appellate Court Division, 2d Department agreed with LCBF that the New York Supreme, Kings County erred when it denied a motion to dismiss a personal injury action against LCBF’s clients, which included a homeowner’s association and its two property managers. Plaintiff alleged that he slipped and fell on a defective sidewalk adjacent to a home that was a member of a homeowner’s association. LCBF argued in a pre-answer motion that the action should be dismissed against its clients because deeds, the offering plan, and other documentary evidence conclusively established that the individual homeowner rather than the homeowner’s association owned the abutting property. In opposition, Plaintiff presented the affidavit of an expert land surveyor and argued that the homeowner’s association was nevertheless liable because certain common elements owned by the association also abutted the allegedly defective sidewalk. The trial court denied the motion, but the Appellate Division reversed, dismissing the case against LCBF’s clients in its entirety with costs. The LCBF team was headed by Tina Bhatt and Daniel Tarolli.
LCBF Secures Appellate Victory in Dismissal of Personal Injury Action
