Category: Firm News

DSB successfully obtained a consent order resolving an action for injunctive relief regarding local zoning, land use, and building code violations. The property in Mastic Beach had been used for, among other things, a gas station and auto repair shop since before the local zoning code was enacted, but the usage of the property had, at least in part, expanded and changed over time to the point that some of the usage was materially different than what had been grandfathered. When a resolution could not be obtained despite a series of appearance tickets and enforcement actions in the local District Court, DSB was retained to commence an action for injunctive relief in the New York State Supreme Court. Certain issues were resolved immediately, and the blighted conditions in the exterior of the premises were addressed, but the question of defining the precise scope of what was allowed to continue as a grandfathered use was referred to a hearing. Prior to the hearing, the Town and the property owner were able to reach a voluntary agreement and enter in to a consent order as to what uses were permissible and what aspects of the property needed to be brought up to code.

DSB obtained an Order allowing the Town of Southold to take title to a parcel of land near Love Lane to establish a park, over the property owner’s objection, via eminent domain. The property owner challenged the eminent domain proceeding, and brought a related federal action along with a national non-profit organization based out of Arlington, Virginia, seeking to change the law as to what constitutes “public use” under the takings clause of the Fifth Amendment.

DSB moved for summary judgment on a case involving New York Labor Law claims where plaintiff fell from an A-frame ladder which was placed by Plaintiff against a house to do framing.  DSB, representing the owner of the home, filed a motion for summary judgment arguing, among other things, that the set up of the ladder in the closed position was the sole proximate cause of the accident. After DSB filed the motion, plaintiff’s counsel agreed to discontinue the action with prejudice.

DSB was successful in moving for summary judgment on behalf of a residential tenant in a personal injury action. Plaintiff, a visitor to the property, allegedly fell on the front walkway, which she asserted was covered with leaves and/or acorns. DSB moved for summary judgment because the evidence presented by Plaintiff did not definitively establish the cause of her fall. The Court agreed. Further, the Court noted that even if the plaintiff’s testimony did establish leaves and/or acorns as the cause of the fall, such materials were both open and obvious conditions that were not inherently dangerous.

DSB successfully moved for summary judgment on behalf of an East End municipality in a trip and fall lawsuit. Plaintiff was allegedly injured when she tripped and fell on a public sidewalk; the Court determined that judgment as a matter of law was warranted, dismissing the Complaint given that DSB submitted conclusive proof on the motion that the defective sidewalk was not within the borders of the municipality.

DSB successfully obtained an Order dismissing a lawsuit against an east end Town based upon negligent building inspection. Plaintiff argued that the Town’s building inspector had failed to advise them of defective work by their contractor or stop the contractor from continuing to work on their project, leading to significant losses when they had to demolish and re-build a partially completed extension. We argued, and the Court agreed, that based upon well-established tort principals a negligence claim cannot be asserted against a municipality related to its performance of a government function based upon allegedly breaching of a duty owed to the general public, but instead a plaintiff can only assert such a claim if the municipality breached a duty owed to them specifically based upon a special relationship between them and that governmental entity.

DSB was successful in moving for summary judgment on behalf of a municipality on Long Island. Plaintiffs were injured in a motor vehicle accident when their vehicle was struck by a non-party’s vehicle. Plaintiffs alleged that the municipality failed to properly delineate lines in the roadway thereby creating a hazardous condition. The Supreme Court, Suffolk County, found that DSB established its prima facie entitlement to judgment by demonstrating that temporary lines were placed in the roadway and did not proximately cause the subject accident.

In a personal injury action commenced against a Town in central Suffolk County, DSB prevailed on a motion for summary judgment in demonstrating that Plaintiff failed to establish that the Town had received prior written notice of the alleged defect on the sidewalk and further, the action was not timely commenced under the provisions of the General Municipal Law despite the tolling provision in place by the Governor’s Executive Order resulting from the pandemic.

In a personal injury law suit based upon New Your State Labor Law, an injured worked alleged serious injuries to both legs and back after a 1500 lb glass window fell from a flatbed truck on top of him. DSB first obtained a successful risk transfer for our client, the landowner, to a contractor and then obtained a stipulation of discontinuance from Plaintiff without payment as part of a multi-million dollar settlement.

The partners of Devitt Spellman Barrett, LLP are pleased to announce that, as a result of her hard work and dedication to the firm, Christi Kunzig has been named contract Partner. Ms. Kunzig has a tremendous track record of wins on motions for summary judgment and appeals on cases involving premises liability, labor law and municipal law. Ms. Kunzig joined the firm as an Associate in 2019.