March 15, 2022

On March 15, 2022: Partner David Pallai obtained a defense verdict in the Supreme Court, Suffolk County on behalf of an eastern Long Island town. Plaintiff alleged that the town “created” an unsafe condition on the sidewalk through snow removal operations and that the unsafe condition caused her to fall and sustain a serious injury to her elbow requiring multiple surgeries. While the town had been successful in establishing that it had not received prior written notice of the alleged defect, a trial was necessary to resolve an issue of fact as to whether the town had created the condition by mounding snow, which had allegedly thawed and then refrozen. The jury returned a verdict finding that the town had not affirmatively created the dangerous condition.