September 6, 2019

DSB was successful in obtaining summary judgment on behalf of a Village in Suffolk County. Plaintiff, a pedestrian, claimed to have tripped and fallen in a municipal parking lot, allegedly due to a surface defect from the placement of a dumpster. The Court found that the Village established its entitlement to judgment as a matter of law through proof that it did not receive prior written notice of the defect and that it did not create the defect through an affirmative act of negligence. The Court further found that plaintiff did not raise any triable issues of fact in opposition.