Belinda R. Boone, Esq., with the assistance of Alexis Bueno-Wyse, Esq. of MOODK’s New York office, obtained Summary Judgment on behalf of its client in a premises liability case in Supreme Court, Bronx County.  The plaintiff alleged that she was injured by a patio umbrella that took flight due to a gust of wind at a senior living facility owned and operated by MOODK’s client. The patio umbrella was secured inside a table. In representing the defendant, MOODK argued that they did not have notice of or create a dangerous condition that posed a foreseeable risk of injury to persons expected to be on the premises. In addition, we presented meteorological evidence through an expert that our client had no actual or constructive notice of any wind advisories that would have informed them of any extraordinary wind conditions, and therefore should not be held liable for any consequences thereof. The court found that the plaintiff failed to establish a prima facie case, ruling that “the occurrence of a freak or unexpected event does not establish negligence as notice was lacking,” thus preventing a jury trial in a venue historically known for substantial jury verdicts for plaintiffs.