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Hickey Smith Dodd recognizes contributions to client success

Attorney Korri Abrams Frampton, Senior Counsel in Hickey Smith Dodd’s New York Insurance Defense Practice Group, recently obtained summary judgment in favor of a real estate listing agent client of the firm. Plaintiff and her friend, a prospective buyer, were touring a single family residence listed for sale. During the tour, Plaintiff sustained a serious injury when she fell on a one-step height variation from one room into another.

Plaintiff commenced a lawsuit against the homeowner, the listing agent, and the broker showing the premises at the time of the accident. Plaintiff alleged that the flooring between the rooms presented optical confusion and a defective or hazardous condition; she further alleged that all defendants were responsible for the condition of the premises and her injuries.

With respect to the listing agent (the firm’s client), Plaintiff argued that because the listing agent possessed a key to the premises, it had possession and control of the premises and, therefore, should have taken steps to correct the purported dangerous condition. Plaintiff further argued that the listing agent had a duty to install warning signs and/or a handrail to distinguish the height differential and to advise Plaintiff of the dangerous condition before she toured the house.

Ms. Frampton successfully argued for judgment as a matter of law by demonstrating that the listing agent did not own, control, occupy, or make special use of the premises and, therefore, it owed Plaintiff no duty of care. Ms. Frampton also persuaded the Court that an affidavit submitted by Plaintiff’s expert should not be considered due to its numerous deficiencies. The Court agreed with Ms. Frampton that the listing agent could not be found liable to Plaintiff as a matter of law.

Plaintiff moved to re-argue against all defendants; the Court affirmed its decision of summary judgment in favor of the listing agent.

The case is Fehl and Fehl v. Peskin, et al.; Index No. 606687/2018, New York Supreme Court, Suffolk County.

About Hickey Smith Dodd

Hickey Smith Dodd is a law firm purposely designed to deliver legal services with significantly greater efficiency, consistency, and added value. By deconstructing and refining traditional legal processes, applying workflow technology, and collecting and analyzing data, Hickey Smith Dodd is transforming the way legal services are delivered today. With an unrivaled combination of disciplined processes, technology expertise, and business leadership, Hickey Smith Dodd clients benefit from reduced total legal spend, improved quality, enhanced transparency, actionable insight, simplified management of outside counsel, and increased control. For more information, visit hickeysmith.com.

Korri Abrams Frampton, Senior Counsel – 516.274.3145

David Hickey, Managing Partner – 626.737.9505

Christian Dodd, Legal Operations Partner – 904.374.4238

 

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