Joseph Guzman v. Robert L. Howe et al

Joseph Guzman,
Plaintiff

-against-

Robert L. Howe, Diana T. Howe,
and Steger Restaurant, Inc.,
Defendants

Kings County Supreme Court
Index No. 510228/2021
(Bourne-Clarke, A.J.S.C.)

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Summary Judgment was granted to our client, Steger Restaurant, Inc. (“Steger”) by Decision and Order dated October 5, 2023.

In this Personal Injury action, Plaintiff sought damages for injuries sustained when he tripped and fell on an allegedly defective sidewalk condition at the premises owned by Defendants, Robert and Diana Howe. At the time of the alleged accident, Steger was a commercial tenant at the premises. Steger’s motion sought to dismiss Plaintiff’s claims and Robert and Diana Howe’s cross claims on the basis that as a commercial tenant, Steger did not owe a duty of care to Plaintiff or a contractual duty to the owners of the premises with respect to the alleged hazardous sidewalk condition.  Steger’s motion was based on the well-established principles of law of (see Espinal v. Melville Snow Contractors, Inc., 98 NY2d 136 (2002)) and general principles governing common law and contractual indemnification.