March 6, 2020

DSB successfully appealed from an interlocutory liability judgment involving a plaintiff who was injured when the bicycle he was riding struck the edge of an elevated boardwalk in a municipal park. The Appellate Division, Second Department agreed that the municipal defendant did not have prior written notice of any alleged defect and that its actions in mowing the grass near the boardwalk did not affirmatively create a defective or dangerous condition. The matter was remanded for a new trial on liability.