DSB obtained summary judgment in Supreme Court, Suffolk County, on behalf of a local municipality. The plaintiff slipped and fell at a municipal boat dock. Plaintiff alleged that the sole cause of their injuries was the municipality’s negligence in maintaining the ramp. DSB argued that the municipality did not have prior written notice of the purported defect, that the plaintiff assumed the risk of injury, and that the alleged defect was open and obvious. The Supreme Court, Suffolk County, agreed and held that the municipality had not received prior written notice of the alleged defect therefore it could not be subjected to liability for plaintiff’s injuries, and that the slippery condition of the boat ramp was open and obvious and was a risk inherent in the activity, and accordingly, the complaint was dismissed.
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