The Supreme Court Appellate Division, Second Department, overturned the lower court’s ruling and granted summary judgment for a defendant property owner in a Staten Island personal injury action. The property owner, a corporation, was doing construction and in the process had erected a fence that impeded pedestrian along the sidewalk. Four siblings were walking along the route when one, a six year old, was struck and injured by a passing car.
In their motion for summary judgment, the appellants were able to convince the court that the fence was not a proximate cause of the accident. In response, the plaintiff was unable to raise a triable issue of fact for a jury to consider. Without an issue of fact, the Court was compelled to grant the motion for summary judgment as a matter of law.
A full version of the Court’s decision can be found here.