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The appeals court split its decision. For LMS Properties NY and LMS Properties NY II, the court said the evidence did not clearly show Deutsch couldn't identify her fall's cause. It also found the companies didn't prove they lacked notice of the alleged hazard. So the case against these two LMS entities was allowed to continue. For Madison Realty Capital, the outcome was different. Records showed Madison once held mortgages on the property, but had transferred them before the accident. Since Madison no longer owned, controlled, or used the property, the court ruled it owed no duty of care to Deutsch. The dismissal in Madison's favor stood.
In December 2014, Lilian Deutsch tripped and fell while walking on a pathway at Green Hills Estates. She sued several parties, including LMS Properties NY, LLC, LMS Properties NY II, LLC, and Madison Realty Capital, LP. The defendants asked the court to dismiss the case before trial. They argued Deutsch could not identify what caused her fall. They also said they never created or knew about any defect. Madison Realty Capital argued it had no connection to the property when the accident happened. The trial court sided with the defendants, ruling that Deutsch failed to identify a defective condition on the path. Deutsch appealed that decision.
Courts had to answer two questions. First, did the defendants prove Deutsch couldn't identify what caused her fall? Second, did Madison Realty Capital owe Deutsch any duty of care, given its claimed lack of connection to the property? In premises liability cases, owners can win dismissal by showing they had no notice of a hazard, or that the injured person can't point to a specific cause.
This case shows how property liability often depends on ownership and control at the time of an injury, not just at some earlier point. It also highlights that property owners seeking dismissal must clearly prove lack of notice or unclear cause—simply raising doubt isn't enough. The ruling lets Deutsch's claim against the LMS entities move forward.
Talk to a licensed personal injury lawyer in New York.