Plaintiff Customer's Fall/Injury Case Dismissed as "Seconds" Before Incident He Stepped Onto Allegedly Defective Area Without Issue

In Vaughan v. Triumphant Church of Jesus Christ, et al (Index No. 501243/15, decided on April 28, 2021), a plaintiff's fall/injury case was dismissed as the Appellate Division, Second Department held, among other things, that a defendant property owner did not have sufficient notice of the alleged defect in which plaintiff claims caused his fall and subsequent injuries.  The case arose when the plaintiff, while walking inside a deli (which was operated by United Express Deli, and which leased the premises from the property owner Triumphant Church of Jesus Christ) where he was a customer, sustained personal injuries when he fell through an open trapdoor in the premises ground.  The plaintiff thereafter commenced a lawsuit against entities including the owner of the premises, and the defendant owner eventually moved to dismiss the case (by way of a pre-trial motion for summary judgment).  The Supreme Court, Kings County, denied the motion, thereby leading the defendant property owner to appeal.

On appeal, however, the Appellate Division reversed the lower court's decision, thereby dismissing the plaintiff's case, holding, among other things, the following: "...the owner established, prima facie, that it did not create the allegedly dangerous condition or have actual or constructive notice of its existence...At his deposition, the plaintiff testified that he walked over the trapdoor, and then 'seconds' later when he stepped back, he fell through a hole caused by the open trapdoor.  Accordingly, even though the owner did not present evidence of the last time it inspected the trapdoor, the plaintiff's testimony establishes lack of constructive notice as a matter of law...."

Salvatore R Marino, Esq.