Gordon & Rees New York Partner Erik DiMarco and Senior Counsel Jacqulyn N. Simmons successfully obtained a complete dismissal of all allegations against their clients, a global restaurant chain and its parent company, in a sidewalk premises liability case pending in Kings County, New York.
The plaintiff alleged sustaining personal injuries when he tripped and fell on a sidewalk grate abutting the franchise located on 125th Street in Manhattan. He brought claims against the firm’s clients for negligence and carelessness in the ownership, control, management, maintenance, operation, supervision, and repair of the subject sidewalk. Gordon & Rees was successful in proving to the court that the plaintiff’s claims had no merit. The firm's clients entered into a contract to permit the tenant of the premises use of licensed and trademarked materials in the operation of the franchise but at no time owned, operated, managed, controlled, supervised, and/or repaired the premises, including the sidewalk.