Gerald Murphy Wins Summary Judgment!
August 5, 2019
Partner, Gerald Murphy, obtained summary judgment in an alleged defective sidewalk lawsuit, on behalf of our client, the owner of a commercial building that housed a Hematology and Oncology medical practice. The plaintiff in that action claimed to have suffered from serious and permanent injuries after falling on a sidewalk that ran adjacent to our client’s premises, including but not limited to a severely fractured wrist with resultant open reduction and internal fixation surgery. Mr. Murphy argued that in order to impose liability for injuries resulting from an allegedly dangerous condition, the plaintiff must establish that the property owner either created, or had actual or constructive notice of the condition. Mr. Murphy also argued that the report submitted by the plaintiff’s Professional Engineer in opposition to the summary judgment motion was deficient and did not constitute competent evidence. In an Order dated July 31, 2019, the Supreme Court, Suffolk County adopted the case law cited by Mr. Murphy and held that our client met its prima facie burden, through testimony, photographs and other forms of admissible evidence. The Court also agreed with the defendant’s position that commentary offered by plaintiff’s expert Professional Engineer was insufficient to raise a triable issue of fact. As such, the Court granted the motion in its entirety, dismissing the plaintiff’s Complaint against our client.
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