Plaintiff sued our client a landscaping contractor in the Supreme Court/Westchester for serious personal injuries from a slip and fall in the parking lot of her apartment building. We moved for Summary Judgment arguing that all claims against our insured should be dismissed based on the holding in Espinal v. Melville Snow Contactors. The Court agreed and dismissed the complaint on grounds defendant had no legal duty to the plaintiff. The Court also denied the co-defendant’s motion for Summary Judgment which sought to have our insured indemnify and provide a defense to the co-defendant.
Nosowitz with big win on Espinal motion in White Plains
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