Traub Lieberman Attorneys Jamie Kuebler and Chelsea Four-Rosenbaum Obtain Dismissal in New York County Premises Liability Action

Traub Lieberman Straus & Shrewsberry LLP attorneys Jamie Kuebler and Chelsea Four-Rosenbaum obtained dismissal on behalf of 100 Sardines Management, LLC (“Sardines”) in the case of Remy Baum v. The City of New York, et al., a premises liability action filed in the Supreme Court of the State of New York, County of New York. Plaintiff sought monetary damages for severe injuries allegedly sustained when he was caused to trip and fall due to a dangerous condition on the sidewalk.  Plaintiff alleged that Sardines, the ground-floor tenant of the premises abutting the sidewalk, was responsible for the repair and maintenance of the sidewalk.

Mr. Kuebler and Mrs. Rosenbaum established that the alleged defective condition was located on a pedestrian ramp, which was not included within the “Demised Premises” as defined in Sardines’ lease.    Mr. Kuebler and Mrs. Rosenbaum requested that plaintiff’s direct claims and all cross-claims against Sardines be voluntarily discontinued on these grounds, but the parties refused to consent.  Mr. Kuebler and Mrs. Rosenbaum filed a motion for this relief.  Relying upon the lease, an affidavit from their client and photographs of the alleged defective condition, Mr. Kuebler and Mrs. Rosenbaum argued that Sardines owed no duty to plaintiff or any of the co-defendants with respect to the alleged defective condition.  The motion was granted, dismissing all claims against Sardines.