Skip to Content

COVID-19 Update: MSZL&M to remain in operation as normal during this time. Read More      Close

COVID-19 Update: MSZL&M to remain in operation as normal during this time. Read More      Close

Another victory for our New York Office!

Sep 14, 2020 - Firm News by

Another victory for our New York Office!

Allen Kohn from MSZL&M’s New York office obtained summary judgment on behalf of our client, a regional grocery store.  After plaintiff’s daughter was caught shoplifting, a verbal dispute escalated to a physical altercation with an alleged store “employee.” During the altercation, Plaintiff was struck with a stick and lost use of an eye.

The case was venued in Bronx County, one of the most plaintiff-friendly counties in the United States, and the store faced a potential multi-million dollar verdict.  MSZL&M filed a motion for summary judgment arguing the store “employee” was actually an independent contractor.  MSZL&M further argued the grocery store was not required to protect shoppers from physical attacks that occur on the sidewalk in front of the store—even if the fight started inside the store.

The court granted our summary judgment motion and dismissed the complaint.  The citation for the decision can be found at Butler v. Met Foods, 67 Misc. 3d 1233(A) (NY Sup. Ct. 2020).