June 2, 2020

DSB was successful in moving for summary judgment on behalf of a municipality on Long Island. Plaintiff tripped and fell from a walkway located within a marina 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 and that the municipality had not received the requisite prior written notice. The Court further found that DSB demonstrated that a walkway was the functional equivalent of a sidewalk; therefore, the walkway was encompassed under the prior written notice statute. The Court granted DSB’s motion for summary judgment and dismissed plaintiff’s complaint in its entirety.

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