August 24, 2021

DSB was successful in moving for summary judgment on behalf of a municipality on Long Island.  Plaintiff tripped and fell on a walkway located within a transfer station and sustained injuries as a result of her fall.  The Supreme Court, Suffolk County, determined that DSB established its prima facie entitlement to judgment as a matter of law by demonstrating that the municipality had enacted a prior written notice statute regarding defects on sidewalks.  DSB demonstrated that a walkway was the functional equivalent of a sidewalk; therefore, the walkway was encompassed under the prior written notice statute.  Further, the Court found that the municipality had not received the requisite prior written notice.  The Court granted DSB’s motion for summary judgment and dismissed plaintiff’s complaint in its entirety.

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