The New York State Supreme Court of Bronx County granted a Motion to Dismiss in favor of Clark & Fox’s client, ESKSBN Corp., in a case brought by a plaintiff injured in a slip-and-fall accident inside of the defendant’s apartment building in which she was a tenant. In the case, captioned Deidre Firpo v. ESKSBN Corp., the plaintiff alleged that she was caused to slip and fall within the defendant/landlord’s apartment due to the defendant’s failure to properly maintain the walking surface within the apartment. The plaintiff allegedly suffered a left elbow fracture that required open reduction internal fixation.

Clark & Fox attorneys immediately engaged in discovery and motion practice in an effort to determine the specific circumstances of the plaintiff’s alleged accident. Despite repeated attempts to obtain more specific information regarding the alleged accident from plaintiff’s counsel, including a Motion to Preclude, plaintiff’s counsel neglected to respond to Clark & Fox attorneys’ discovery demands. On the basis that plaintiff failed to provide or object to any of the defendant’s discovery responses, Clark & Fox attorneys served upon plaintiff a ninety-day notice compelling plaintiff to resume prosecution of the lawsuit.

Clark & Fox attorneys moved for dismissal after expiration of the ninety-day notice to plaintiff on the basis that plaintiff had not yet resumed prosecution of the lawsuit. The Motion to Dismiss filed by Clark & Fox was granted by the Court, and the case against defendant/landlord, ESKSBN Corp., was dismissed in its entirety.

Clark & Fox is a firm of experienced lawyers with diverse international practices that focuses on representing the interests of the insurance industry. Information about all of Clark & Fox’s locations, attorneys, and practice areas is available on http://www.clarkfoxlaw.com/.

For more information, please contact: John M. Clark, CEO/President: jclark@clarkfoxlaw.com