OCTOBER 18, 2026 – MSSSV’s Westchester office has secured three summary judgment wins in the last four months.
MSSSV Obtains Summary Judgment Dismissing Orange County Slip-and-Fall Action
Miranda Slone Sklarin Verveniotis LLP is pleased to announce yet another successful result on behalf of its client. Partner Richard Sklarin and Senior Counsel Kenneth J. Mastellone secured summary judgment in the Supreme Court, Orange County, dismissing the complaint against a property owner in a premises liability action arising from an alleged slip-and-fall accident on a walkway in Monroe, New York.
The plaintiff alleged she sustained injuries after falling on a walkway due to snow and ice, inadequate lighting, and missing handrails. On behalf of the property owner, our attorneys successfully argued that the plaintiff’s deposition testimony established that she could not identify the cause of her fall and that any finding of negligence proximately causing her injuries would therefore rest on speculation.
The Court agreed, finding that the plaintiff repeatedly acknowledged at her deposition that she did not know what caused her to fall and merely assumed that ice was responsible. The Court also rejected the plaintiff’s subsequent affirmation claiming that she distinctly recalled observing ice beneath her after the accident, finding that it contradicted her sworn deposition testimony and presented a feigned factual issue insufficient to defeat summary judgment. The Court granted the firm’s client’s motion and dismissed the complaint.
This decision reflects the firm’s continued commitment to obtaining decisive results for its clients through thorough deposition preparation, strategic motion practice, and effective advocacy.
MSSSV Obtains Summary Judgment Dismissing Suffolk County Slip-and-Fall Claims Against Property Manager
Miranda Slone Sklarin Verveniotis LLP is pleased to announce another successful result on behalf of its client. Partner Richard Sklarin and Senior Counsel Kenneth J. Mastellone secured summary judgment in the Supreme Court, Suffolk County, dismissing the complaint against a property management company in a premises liability action arising from two alleged slip-and-fall accidents at a condominium development in Holbrook, New York.
The plaintiff alleged she sustained injuries after slipping on ice on the driveway and walkway outside her condominium on two separate occasions. On behalf of the property manager, our attorneys successfully argued that the client’s limited obligations under its management agreement did not entirely displace the homeowners association’s duty to maintain the premises safely and that the client did not perform snow or ice removal work that created or exacerbated the alleged conditions.
The Court agreed, rejecting the plaintiffs’ argument that the management agreement’s emergency repair provision imposed a duty to arrange additional ice removal. The Court found that the provision granted discretionary authority rather than imposed a mandatory obligation and that the failure to exercise that authority did not give rise to direct tort liability to the plaintiffs. The Court dismissed the complaint against the firm’s client while denying the homeowners association’s and snow removal contractor’s motions to dismiss the claims against them.
This decision reflects the firm’s continued commitment to obtaining decisive results for its clients through careful analysis of contractual obligations, strategic motion practice, and effective advocacy.
MSSSV Obtains Summary Judgment Dismissing Bronx Sidewalk Liability Claim
Miranda Slone Sklarin Verveniotis LLP is pleased to announce another successful result on behalf of its client. Partner Richard Sklarin and Senior Counsel Kenneth J. Mastellone secured summary judgment in the Supreme Court, Bronx County, dismissing the action against the firm’s client in a premises liability case arising from an alleged sidewalk trip-and-fall accident.
The plaintiff alleged she sustained injuries after tripping on a loose and uneven sidewalk flag surrounding a metal utility cap. On behalf of the homeowner, our attorneys successfully argued that the client was entitled to the homeowner exemption under New York City Administrative Code § 7-210 because the property was an owner-occupied residential dwelling within the statute’s protections and the client neither caused nor created the alleged defect.
The Court agreed, rejecting arguments by the plaintiff and the City of New York that the property’s occupancy and the mailing of tax bills to another address defeated the exemption. The Court explained that the number of dwelling units, rather than the number of unrelated residents, governs the property’s classification and that the mailing address for tax bills did not establish that the client resided elsewhere. Accordingly, the Court granted summary judgment dismissing the action against the firm’s client.