In a decision dated May 27, 2026, Hon. Kevin J. Kerrigan of Queens County Supreme Court granted our clients, Queens Plaza Park Development LLC, Queens Plaza Park Development II LLC, QPP LLC and QPP Lot 4 LLC’s motion for summary judgment dismissing the plaintiff’s complaint as a matter of law. The plaintiff alleged that she tripped and fell on a sidewalk abutting 29-14 40th Road in Queens, New York (a vacant lot within a large block with many other lots and easements), due to a cracked and uneven sidewalk. It is alleged that our clients, along with co-defendants, the City of New York and the Metropolitan Transportation Authority, owned the adjacent lot, and were negligent in failing to maintain/repair the sidewalk. Although our clients did not own the subject lot, neither the plaintiff nor the co-defendants would discontinue their claims and cross-claims until either the City or the MTA admitted ownership of the specific lot. We retained a land surveyor who averred that the subject lot is owned by the City. This information, along with the affidavits of our multiple clients, was submitted as evidence to the Court in our motion for summary judgment. The plaintiff argued that our pre-deposition motion was premature and the affidavits submitted were self-serving. In granting our motion, the Court disagreed, finding our supporting affidavits “perfectly admissible.”

Kim-Marie Cespedes v. City of New York, et al., Index No. 702779/2024 (Sup. Ct., Queens Co., May 28, 2027)