May 10, 2019

DSB successfully moved for summary judgment on behalf of property owners in Nassau County. Plaintiff injured herself while walking on the driveway, resulting in an ankle fracture and surgery. Although it was snowing at the time of plaintiff’s accident, plaintiff did not know if her foot slipped prior to feeling her ankle “click.” The court granted the firm’s motion for summary judgment dismissing the Complaint, finding that plaintiff’s failure to identify the cause of her injuries mandated dismissal of her causes of action. The court also held that the defendants were entitled to summary judgment under the “storm in progress” doctrine.