News 08.25.23

Senior Associate Justin Waytowich Secures Summary Judgment Win for the City of New York in Hudson River Park Accident Case

Senior Associate Justin Waytowich achieved a significant victory for the City of New York by securing a summary judgment win in a negligence lawsuit involving a slip and fall accident near a crosswalk in Hudson River Park.  Justin's success extended beyond defeating all causes of action by plaintiff — he also prevailed on the City’s demand from contribution and indemnification against the co-defendant, resulting in an award of attorneys’ fees to the City.

The Decision notes that the City lacked "a direct, exclusive possessory interest in the subject premises, did not occupy the premises and was not involved in the management, maintenance, or operation of the subject premises." Justin's expert analysis of the City's contractual obligations played a pivotal role in persuading the Court to conclude that the City held no duty of care under the given circumstances, and further established the co-defendants bore the responsibility to indemnify the City.