January 29, 2018

DSB wins another Motion for Summary Judgment. The firm was successful in dismissing plaintiff’s complaint against a Suffolk County homeowner. Plaintiff alleged that she had tripped and fallen on the public sidewalk abutting the defendant’s home, fracturing her left wrist. The Court granted the firm’s motion for summary judgment, finding that although the Islip Town Code imposed a duty on the defendant to maintain the sidewalk, it does not impose tort liability for a violation of that duty. The court also found that the defendants did not create the alleged defective condition nor cause it to exist from any special use.