CMM has an excellent track record in representing Suffolk and Nassau County municipalities, and most recently secured an impressive win for the Town of Smithtown.
In this case, the plaintiff claimed that the Town was responsible for injuries allegedly sustained when she tripped and fell on a raised portion of sidewalk outside a grocery store on West Main Street.
The CMM team, led by Scott Middleton, successfully moved for summary judgment, resulting in the dismissal of the case against the Town.
In the motion papers, CMM argued, and the Court agreed, that the Town never received prior written notice of the sidewalk defect that allegedly caused the plaintiff’s injury. Also, the Town was not liable because the Code places the duty to maintain and repair the sidewalk upon the adjoining commercial property owner or occupant.
Visit our Municipal Liability page to read about more successful cases.