The alleged incident occurred outside of a school construction site. We received a favorable decision of a pre-answer motion to dismiss the plaintiff’s complaint while simultaneously succeeding in defending against the plaintiff’s cross-motion seeking leave to file a late notice of claim. The plaintiff filed a summons and complaint, alleging a trip and fall over several cinderblocks located outside of a construction site.

We obtained a published decision in the New Jersey Appellate Division reversing the denial of a motion to dismiss because of a lack of duty. The plaintiff’s ex-husband drove through the gate at a large, high-rise apartment complex, waited for plaintiff to arrive, and then shot her in the face. Our client was the former management company which ceased its management obligations 17 days before the shooting, when a successor management company took over. The plaintiff argued that our client was negligent based on procedures for securing the lot it put in place when it managed the property.