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Traub Lieberman Partner Lisa Rolle earns wins for two different clients
POSTED MAY 1, 2023
Traub Lieberman Partner Lisa Rolle earns motion to dismiss for international hotel conglomerate client and summary judgment for a contract utility company in a personal injury action
Traub Lieberman (TLSS) Partner Lisa Rolle successfully secured the dismissal on behalf of an international hotel conglomerate in an action asserting tort claims brought in the Southern District of New York, as well as Bronx Supreme Court. The plaintiffs, who are New York residents, made a reservation to stay at one of the hotel conglomerate’s properties in Aruba through a popular travel reservation website. One of the plaintiffs was injured during the hotel stay and, initiated this action in both federal and state court against multiple foreign defendants, including the hotel conglomerate.
The plaintiffs allege personal jurisdiction for all defendants using the same boilerplate language for each. However, based on the defendants’ locations, the nature of each business, and the lack of New York contacts for each, TLSS successfully established that neither federal nor state court had jurisdiction over the matter, dismissing the action.
Rolle also obtained summary judgment on behalf of a contract utility company (“Utility Company”) in a matter brought before the New York Supreme Court, Queens County. In the complaint, the plaintiff alleged that she sustained injuries as a result of a trip and fall accident where the plaintiff’s foot allegedly went into a hole in the grass strip abutting the sidewalk adjacent to a premises located in Queens, New York. The plaintiff claimed that the defect in the sidewalk was caused by the removal of a utility pole at the curb strip that was not correctly backfilled. Based on the facts and the plaintiff’s inability to prove negligence on the part of the Utility Company, the court found that the Utility Company did not owe the plaintiff a duty of care. The summary judgment was granted, and the complaint and any cross-claims against the defendant were dismissed.