Scahill Law Group P.C. | New York Trial Attorneys

Kapoian-Trapani et al. v. City of New York et al., Index No. 517495/2018 (App. Div., 2d Dep’t 2025)

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Congratulations to Keri Wehrheim for securing a reversal in the Appellate Division, Second Department, on behalf of defendant Parking Systems Plus, Inc. The plaintiffs alleged that Alexis Kapoian-Trapani was injured in a Brooklyn parking garage managed by Parking Systems Plus under contract with the City of New York and the NYC Department of Transportation. The trial court denied our motion for summary judgment, but the Second Department reversed that decision, dismissing all claims and cross-claims against our client.

The appellate court held that Parking Systems Plus did not owe a duty of care to the plaintiff because she was not a party to the underlying contract and failed to plead or prove the applicability of any of the three exceptions set forth in Espinal v. Melville Snow Contrs., 98 NY2d 136 (2002), which might have otherwise imposed tort liability on a contracting party. The panel unanimously agreed that plaintiffs failed to raise a triable issue of fact, warranting dismissal of the action as against Parking Systems Plus.

This is an important win for our client and reflects the strength of our appellate strategy and the clarity of Keri’s advocacy at every stage of the case.

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