Cleary Gottlieb recently won dismissal of a seven-year old action against pro bono client Fifth Avenue Committee, a not-for-profit, community based organization that works to develop affordable housing and create employment opportunities. Justice Martin of the New York Supreme Court in Brooklyn granted dismissal on July 15.
The case was brought in 1998 by a tenant who alleged she slipped and fell during a rent strike that FAC had helped tenants to organize against the owner of an apartment building. The tenant sued both the owner of the building and FAC, claiming over $1 million in damages. Cleary’s motions for summary judgment and dismissal argued that FAC owed no duty of care to the plaintiff, and that the plaintiff’s delay in answering discovery requests (responses to which were not received until February 2005, approximately six years after they were due) was prejudicial to FAC.