Stephen McHugh and Caitlin Harley obtained summary judgment on behalf of K/M’s clients, a real estate agent and realty company, in an action stemming from claims that plaintiff was injured when she tripped and fell on a defect at a premises listed by K/M’s clients. The basis for the motion, and ultimate dismissal, was that plaintiff could not prove that a duty was owed to her by the listing agent and agency. Plaintiff argued that the listing agent and agency were aware of the alleged defect, however, Ms. Harley argued that there was not actual or constructive knowledge of the alleged defect and that the duty owed by a listing agent is very specific and narrowly tailored.
For further information, please contact Stephen McHugh and Caitlin Harley.