(New York, New York)- Wood Smith Henning & Berman is pleased to announce a significant litigation victory achieved by its New York office and led by Associate Kerstein Camilien, securing the complete dismissal of a personal injury lawsuit against its client, a commercial landlord, at the earliest stage of the case.
The court in New York County granted the firm's pre-answer motion to dismiss pursuant to CPLR 3211(a)(7), finding the plaintiff failed to state a viable cause of action against the landlord. As a result, the complaint was dismissed in its entirety before the filing of an answer, sparing the client the burden and expense of prolonged litigation and discovery.
The action arose from allegations that the plaintiff sustained injuries after purportedly biting into a foreign object while dining at a restaurant operated by the landlord's commercial tenant. Rather than proceeding through costly litigation, the firm strategically moved to dismiss at the outset, demonstrating that the landlord was an out-of-possession owner with no control over the day-to-day operations of the tenant's restaurant.
By establishing the absence of any duty owed under the circumstances alleged, the firm successfully positioned the case for early resolution. The court agreed, concluding that the plaintiff's claims could not be sustained as a matter of law.
"This result reflects a focused and strategic approach to early case evaluation and motion practice," said Camilien. "By addressing the dispositive legal issue at the outset, we were able to secure a complete dismissal and avoid unnecessary litigation costs for our client."
The successful outcome was well received by both the client and its insurance carrier, underscoring the firm's commitment to efficient, results-driven advocacy.
"This is the kind of result that defines strategic litigation," said co-managing partner of the New York office, James Tyrie. "By identifying the dispositive issue early and moving aggressively, Kerstein secured a complete dismissal before the case could impose unnecessary costs on the client. It is smart lawyering, efficient advocacy, and a tremendous win for both the client and carrier."
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