May 27, 2026
London Fischer LLP congratulates Brian A. Kalman and Jacob D. Gash on their victory in the case Rouss v. 2140 Bergen St. LLC, 2026 Misc. LEXIS 4627. The trial court dismissed plaintiff’s claim regarding her slip and fall on ice. London Fischer LLP established that its client did not create the black ice and did not have actual or constructive notice of the black ice. The trial court held that:
"Plaintiff has not provided sufficient evidence to prove that Defendants created the condition that led to the formation of the black ice. Plaintiff has also failed to provide sufficient evidence to establish that Bergen Street Defendants had constructive knowledge of the existence of the slippery conditions. Indeed, Plaintiff herself was unaware of the presence of the ice until she fell. Consequently, this Court finds that there is no issue of fact to defeat Bergen Street Defendants' summary judgement motion."
To read a copy of the decision click on: Rouss v. 2140 Bergen St. LLC, 2026 Misc. LEXIS 4627.
