September 17, 2014
Perkins v. 85 Kenmore Realty Corp., et al.
Following a trial on the issue of liability in Supreme Court, New York County, we obtained a directed verdict from the Court in a case which subsequently settled for more than half a million dollars.  This case involved a then 70-year-old woman, who walked off the top of a two tier sidewalk and fell, sustaining a left trimalleolar fracture, displacement of the tibiotalar joint, and right fifth metacarpal fracture.  Plaintiff sued the adjoining building owner/landlord, and two commercial tenants, one of whom we represented.
Pursuant to the lease, the insured was only required to indemnify the landlord for incidents arising from use or occupancy or a breach of duty.  The landlord argued that use of the sidewalk constitutes “use” and is entitled to indemnification.  The Court disagreed, and granted our motion for a directed verdict.