In another municipal victory, CMM has secured the dismissal of a lawsuit filed against longtime client the Town of Riverhead.
CMM was retained to represent the Town in a lawsuit filed by a plaintiff who claimed personal injuries stemming from a trip and fall accident on a sidewalk in Riverhead. Thanks to Meghan Dolan’s work conducting depositions and hearings, it became clear that the Town had never received written notice of the alleged sidewalk defect, as required by the Town Code. CMM’s Municipal Liability team, led by Senior Partner Scott Middleton, moved for summary judgment dismissing the case (essentially, requesting that the Court dismiss the case because there are no facts at issue). David Green submitted evidence with the motion papers – including deposition testimony and affidavits from Town officials – supporting the Town’s position that it had never received prior written notice of the problematic sidewalk condition.
The Court agreed, citing well settled law that when a municipality has a prior written notice statute, that municipality may not be subjected to liability for injuries allegedly caused by a dangerous or defective condition without having received prior written notice of that condition. The Court found that the evidence CMM submitted on behalf of the Town established that there had been no prior written notice in this case, and dismissed the lawsuit against the Town.
Visit our Municipal Liability page to learn more about our success representing municipal clients.