March 22, 2023

DSB was successful in moving for summary judgment on behalf of a municipality on Long Island. Plaintiff was injured when the bicycle he was riding struck a divot, causing him to 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 in the roadways, and 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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