Wurtzel v. 211 Mail Road, LLC

Nature of the filing

The court clarified that the document before it was the parties’ joint statement of material facts under Federal Rule of Civil Procedure 56.1, not a motion asking the court to enter summary judgment. A Rule 56.1 statement identifies facts that a party contends are undisputed or disputed in connection with summary-judgment proceedings.

Underlying dispute described in the filing

The statements concerned Todd Wurtzel’s stay at the Catskill Mountains Resort, which 211 Mail Road, LLC operates under that name. The parties described a December 31, 2017 power outage, the resort’s use of candles and emergency lighting, and Wurtzel’s fall while descending an interior staircase. The statements also addressed alleged wetness on the stairs, the resort’s inspection and mat practices, the staircase’s handrail, and competing interpretations of the New York State Building Code.

The filing contained both facts identified as undisputed and facts expressly marked disputed. The parties disagreed about matters including the amount and location of lighting, whether a wet or dangerous condition existed, whether the resort had notice of such a condition, whether the staircase and handrail complied with building requirements, and what caused Wurtzel’s injuries. The court did not resolve those factual disputes.

Court’s action

Judge Philip M. Halpern stated: “This is the parties’ Joint 56.1 Statement of Fact, not a motion for summary judgment.” The court directed the Clerk of Court to terminate the pending motion sequence at Document 53. The text does not state that the court granted or denied summary judgment, entered judgment, dismissed any claim, or decided liability.