Schlosser v. The City of New York, et al.

In this Queens County action, Plaintiff fell at a bus stop and sustained a trimalleolar fracture of her ankle. She blamed the City of New York and our client, the adjoining property owner, claiming that the curb/sidewalk was defective. We argued that our client is exempt from sidewalk liability as plaintiff testified about a faulty curb, and also pointed out that our client had no duty to maintain a New York City bus stop. Plaintiff submitted a feigned affidavit claiming she fell on the sidewalk and not the curb, contradicting her prior deposition and 50-h testimonies. The Court granted our motion for summary judgment finding no duty existed by our client with respect to the curb and the bus stop.