Bartlett LLP was recently successful in obtaining an award of Summary Judgment from Nassau County Supreme Court, in connection with its representation of the Village of Rockville Centre (“the Village”), leading to the dismissal of Plaintiff’s lawsuit against the Village. The Plaintiff alleged that she was injured when she tripped and fell on the sidewalk/ catch basin located immediately outside the exit/entrance of a restaurant in Rockville Centre, New York. The plaintiff claimed that the Village was negligent in its ownership and maintenance of the subject sidewalk and catch basin and further alleged that the Village had notice of the alleged defect.
Partner Susan Boland and Associate Craig Ginsberg argued that the Village did not have prior written notice of the alleged defect in the sidewalk/catch basin, and did not have any notice of any defect involving the catch basin or the asphalt abutting the catch basin. Further, Ms. Boland and Mr. Ginsberg argued that the Village did not create the alleged defect. In opposing the motion, the plaintiff retained an expert who argue the Village created the alleged defect when it installed the catch basin as it created a dangerous height differential. Ms. Boland and Mr. Ginsberg used the plaintiff’s own testimony to argue that the plaintiff’s accident was caused when she slipped off the worn catch basin; not due to a height differential.
The Court agreed with the Village’s position and held that it did not have prior written notice of the alleged defect (the worn catch basin) and that further, that the Village did not create the alleged defective condition. Accordingly, the Village’s motion for summary judgment was granted and the Plaintiff’s Complaint was dismissed against the Village.
