A New York appellate court ruled on July 29, 2026, that Westbury Properties, LLC, must face a lawsuit regarding personal injuries sustained by a shopper at a King Kullen supermarket. The decision allows the case to move forward, impacting the parties involved and highlighting the importance of discovery in personal injury cases.
The case, Ciraldo v. Kullen, filed under docket number 2024-00420, centers around an incident in February 2021 when Karen Ciraldo, the plaintiff, tripped and fell in a parking lot while walking toward the entrance of the King Kullen supermarket in Levittown. Ciraldo claims that the fall was due to a defective condition in the parking lot. She has named several defendants in her lawsuit, including Westbury Properties, which owns the shopping center, and King Kullen, the supermarket tenant.
The dispute arose when Westbury Properties sought to have the court dismiss the complaint and all cross-claims against it before the completion of discovery. The company argued that there was insufficient evidence to support the claims made by Ciraldo. However, the Supreme Court of Nassau County, led by Judge Thomas Rademaker, denied Westbury's motion for summary judgment on October 13, 2023, stating that the case could not be dismissed prematurely.
The court's ruling emphasized the importance of allowing parties a reasonable opportunity to conduct discovery before determining motions for summary judgment. The court noted, "A party should be afforded a reasonable opportunity to conduct discovery prior to the determination of a motion for summary judgment." This indicates that the court believes further investigation is necessary to gather relevant facts about the incident.
Westbury Properties had filed its motion before any depositions had taken place, which the court found premature. The ruling highlighted that the plaintiff and the Town defendants had shown that the facts needed to oppose the motion were likely within the exclusive knowledge of Westbury Properties, which included details about the alleged condition of the parking lot and its maintenance.
In its decision, the court stated, "The plaintiff and the Town defendants demonstrated that facts necessary to oppose the motion... were exclusively within the knowledge of that defendant." This ruling reinforces the principle that a party cannot simply seek dismissal without allowing the other side the chance to gather evidence that could support their claims.
The ruling is significant as it allows Ciraldo's case to continue, which could lead to potential damages for her injuries if she prevails. The court's decision also emphasizes the importance of thorough discovery in personal injury cases, where the details surrounding the incident may significantly impact the outcome.
Looking ahead, the ruling means that Westbury Properties must prepare to defend itself in court as the case progresses. This decision does not set a new legal precedent but reinforces existing standards regarding the timing of summary judgment motions in personal injury cases.
As for what’s next, Westbury Properties has the option to appeal the ruling. However, details about any potential appeal or related cases were not available in the court filing. The case will now proceed through the discovery phase, where both parties will gather evidence to support their positions.