After she fell in front of Bangert’s Flowers store, Tanya B. filed a personal injury lawsuit against the shop, and the property’s owner.
When Bangert’s sought to have the case dismissed--on the grounds that it wasn’t responsible for maintaining the area where Tanya fell--the Queens County Supreme Court denied that request.
Because the owner hadn’t yet answered the complaint, and the parties had yet to conduct discovery, and because all the pertinent information wasn’t yet in Tanya’s control, the Appellate Division, Second Department, agreed that dismissal of the case was “premature.”
Someone needed to smell the roses!
To view a copy of the Appellate Court’s decision, please use this link: Bonilla v. Bangert’s Flowers