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Date: 04-11-2023
Case Style:
Case Number: 1:20-CV-2468
Judge: Paul G. Gardephe
Court: United States District Court for the Southern District of New York (Manahattan County)
Plaintiff's Attorney:
Defendant's Attorney: David Boies, Sigrid McCawley, Stuart Adam Miller and Lindsay Jill Kalick for JPMorgan Chase Bank, N.A.
Aaron Christopher Gross and Curtis Sobel for Jones Lang Lasalle Americas, Inc.
Description: New York City, New York personal injury lawyers represented Plaintiff who sued Defendants on premises liability negligence theories.
"Premises liability law in New York is a complex area of law that governs the legal obligations of property owners to keep their property safe for visitors. Under New York law, property owners have a duty to exercise reasonable care to prevent injuries to those who are lawfully on their property. This duty of care is based on the status of the visitor, the nature of the property, and the foreseeability of harm.
There are three categories of visitors under New York premises liability law: invitees, licensees, and trespassers. Invitees are those who are invited onto the property for business or social purposes. Licensees are those who are invited onto the property for their own convenience, such as a delivery person or a guest. Trespassers are those who are on the property without permission.
The duty of care owed to each category of visitor is different. The highest duty of care is owed to invitees. Property owners must exercise reasonable care to prevent injuries to invitees, even if the injury is caused by a hidden danger. The duty of care owed to licensees is lower than the duty of care owed to invitees. Property owners must exercise reasonable care to prevent injuries to licensees, but they are not required to warn licensees of hidden dangers. The duty of care owed to trespassers is the lowest. Property owners are not required to exercise any care to prevent injuries to trespassers, unless the injury is caused by a dangerous condition that is known to the property owner and that is likely to cause harm to trespassers.
If a visitor is injured on someone else's property, the visitor may be able to file a premises liability lawsuit against the property owner. In order to win a premises liability lawsuit, the visitor must prove that the property owner was negligent and that the negligence was the proximate cause of the injury. Negligence can be proved by showing that the property owner failed to exercise reasonable care to prevent the injury. Proximate cause means that the injury was a foreseeable result of the property owner's negligence.
If you have been injured on someone else's property, you should speak with an experienced personal injury attorney to discuss your legal options. An attorney can help you determine if you have a premises liability case and can help you file a lawsuit against the property owner." Google Bard
Outcome: 04/11/2023 100 NOTICE OF APPEARANCE by Stuart Adam Miller on behalf of JPMorgan Chase Bank, N.A...(Miller, Stuart) (Entered: 04/11/2023)
04/11/2023 101 JOINT LETTER addressed to Judge Paul G. Gardephe from Robert J. Tolchin, Esq., jointly on behalf of all counsel dated 4-11-2023 re: informing the Court that the parties have reached a settlement, and that the conference on Friday 4-14-23 and the trial on 4-18-23 are therefore no longer necessary. Document filed by Rachel Bell..(Tolchin, Robert) (Entered: 04/11/2023)
04/11/2023 102 ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled, it is ordered that the above-entitled action be, and hereby is, dismissed with prejudice but without costs; provided, however, that if the settlement is not consummated within thirty days of this order, either party may apply by letter within the thirty-day period for restoration of the action to the calendar of the undersigned, in which event the action will be restored. The Clerk of Court is directed to close the case. Any pending dates and deadlines are adjourned sine die, and any pending motions are moot. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/11/2023) (ks) (Entered: 04/11/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: