GMR Associate Vito DiGiovanni achieved a significant victory in Staten Island, New York, obtaining summary judgment on behalf of out-of-possession landlord defendants. The plaintiff, who had taken possession of the property before closing, alleged he fell down a staircase and sustained an elbow fracture.
Vito successfully argued that the plaintiff had assumed possession of the premises in “as-is” condition under the contract of sale, relieving the defendants of responsibility for the alleged hazardous condition. Judge Paul Marrone agreed, ruling that the defendants qualified as out-of-possession landlords and granting GMR’s Motion for Summary Judgment.
This decision underscores GMR’s strength in defending premises liability claims and protecting property owners from improper liability.
