In a decision dated October 21, 2015, Justice Valerie Brathwaite Nelson granted the summary motion of our clients, ECCO Enterprises LLC and ECCO III, LLC, dismissing the plaintiff’s complaint in its entirety. The plaintiff sought damages for personal injuries allegedly arising out of a defective roadway while he was a passenger in a motor vehicle traveling on the Van Wyck Expressway. In dismissing the plaintiff’s complaint, the Court found that the defendants’ evidence that they did not exist as entities at the time of the accident was sufficient to make a prima facie showing of their entitlement to judgment as a matter of law.

Lubin v. ECCO Enterprises, LLC, et. al., Index No. 7469/2014 (Queens Co. Sup. Ct., Oct. 21, 2015)