MMG represented both defendants in Pauline Walker v. Mason Stuart LLC and Ramon Pena, Supreme Court, Bronx County Index No. 24055/2016E winning summary judgment and dismissing plaintiff’s complaint in its entirety. Plaintiff alleged that she fell on a stairway landing on account of defendants’ negligence. She sustained a left ankle fracture and soft tissue back injuries. Defendant Mason Stuart LLC owned the building and defendant Ramon Pena performed electrical and lighting work at the building.

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Plaintiff alleged in her bill of particulars that there was wetness, a defective condition, broken stairs and poor lighting. At her deposition however, plaintiff testified that she had “missed a step” and lost her footing, and she denied that there was any moisture on the landing where she fell. MMG moved for summary judgment on the grounds that plaintiff did not know why she slipped, and that she had failed to identify any defect or applicable code violation.

In opposition, plaintiff submitted an affidavit of engineer Joseph Farahnik, P.E., who opined that the painting on the walls created an optical illusion of “visual camouflage,” that there was only one handrail, and that there were various code violations.

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MMG showed in reply that these were new, undisclosed theories, and lacking in genuine evidentiary support. Moreover, photographs of the accident landing area indisputably contradicted the engineer’s conclusory and erroneous affidavit. The Court granted MMG’s motion, dismissing the complaint in its entirety against both defendants.