Mike Flake Wins Summary Judgment In Kings County!

Mike Flake obtained summary judgment in Brooklyn where the plaintiff, a pedestrian, argued that the defendant snow removal contractor was liable for her slip and fall on an icy sidewalk adjacent to co-defendant landowner’s property. The owner argued that the contractor breached its snow removal contract by failing to remove snow and ice in a timely manner prior to plaintiff’s fall. Mike successfully argued that the contractor owed no duty of care to the plaintiff and otherwise did not launch a force or instrument of harm in its snow removal efforts a week prior to the accident. The Court also found that certified weather records conclusively proved that the contractor did not breach its contract with the owner.