Gregg Wisotsky, with the assistance of David Wikstrom, was recently successful before the Appellate Division in having a case that was previously dismissed by a trial judge restored! Gregg represents a client who fell and was seriously injured while walking across a poorly maintained driveway after stepping off of the sidewalk. The trial judge dismissed the case, finding that the defendants were immune to a lawsuit, relying on the longstanding proposition that residential homeowners are not liable for poorly maintained sidewalks that abut their property. The Judge dismissed the lawsuit, essentially treating this matter as a just another “sidewalk” case.
On Appeal, we argued that the trial judge failed to consider where our client fell, and misapplied the residential sidewalk immunity law since the fall did not in fact occur on a public sidewalk. The Appellate Division agreed, and reversed the dismissal of the case, and remanded it back to the trial court for trial.
In another matter, Eric Kahn, with the assistance of Annabelle Steinhacker, successfully argued an Appeal on behalf of an injured plaintiff whose case was dismissed, when she was represented by another attorney, after the case was mistakenly dismissed by a trial judge. Eric Kahn said that “cases must be decided on their merits, rather than procedural technicalities, and every person deserves an opportunity to have his or her day in Court”. The Appellate Division reversed the trial court’s procedural dismissal, and remanded the case for trial.