Warren, New Jersey associate Samantha Ligori successfully obtained an order vacating a default judgment entered against our client in Passaic County, with strategic guidance from Emery Mishky.
The matter involves premises liability claims arising from an alleged fall on a stairway. The plaintiff alleges that a defective stair railing, along with negligent repair and maintenance of stair carpeting, caused the incident.
Following extensive motion practice and oral argument, the court granted the motion to vacate the default judgment. Notably, the ruling was obtained despite a significant passage of time and the existence of a long-standing default judgment, making the result particularly meaningful and restoring the client’s ability to defend the claims on their merits.
The decision permits the client to pursue several defenses, including issues related to an agreement between the parties and the contention that the plaintiff was a trespasser at the time of the alleged incident.
