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Plaintiff Argues for Summary Judgement in Appellate Slip and Fall Case

A Kings Construction Accident Lawyer said that, by notice of motion filed on January 6, 2011, defendant moves pursuant to CPLR 3212 for an order granting summary judgment in his favor on the issue of liability and dismissing plaintiff’s complaint. Plaintiff opposes the defendant’s motion. On February 6, 2009, plaintiff filed a summons and verified complaint with the Kings County Clerk’s Office. Defendant joined issue with a verified answer dated May 1, 2009. On November 8, 2010, a note of issue was filed.

A Kings Slip and Fall Lawyer said that, the instant action is for damages for personal injury sustained in a trip and fall incident. Plaintiff’s verified complaint and bill of particulars alleges, among other things, that on September 2, 2008, she tripped, fell and injured herself on a dangerous and defective condition in the sidewalk in front of a building owned by the defendant (hereafter “the subject sidewalk”) located in Kings County, New York. Plaintiff further alleges that the dangerous condition was due to defendant’s negligent maintenance of the subject sidewalk.

The defendant’s motion papers consist of a notice of motion, an attorney’s affirmation and seven exhibits, labeled A through G. Exhibit A contains the summons and verified complaint. Exhibit B consists of the defendant’s verified answer, and various discovery demands. Exhibit C is the note of issue. Exhibit D is a transcript of the deposition of the plaintiff taken on August 10, 2004. Exhibit E contains the plaintiff’s verified bill of particulars. Exhibit F contains color photographs of the alleged dangerous condition at the location in question. Exhibit G contains the transcript of the deposition of the defendant’s employee, taken on October 19, 2010. The plaintiff’s opposition papers consist of an attorney’s affirmation and three exhibits labeled A through C. Exhibit A is the deposition of the plaintiff taken on August 10, 2004. Exhibit B is the deposition of Maria Valera, taken on October 19, 2010. Exhibit C contains black and white photographs of the accident scene.

The issue in this case is whether plaintiff is entitled for damages.

If you sustained personal injuries in a construction accident, seek the legal assistance of a Kings Personal Injury Attorney and Kings Brain Injury Attorney at Stephen Bilkis and Associates in order to know on whether you can file a claim for damages.

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