August 2012

In an action in Supreme Court, Westchester County, involving a trip and fall at the sidewalk curb in front of defendant’s property, Justice Bruce E. Tolbert granted our motion for summary judgment.  The Court found that the defendant wholly established that the incline or curb ramp that existed at the location where plaintiff alleged to have fallen was well within the guidelines and codes required by law.  Further, the Court noted that the mere presence of a curb in front of the defendant’s premises does not establish the existence of a defective condition simply because an injury occurred to the plaintiff at that limited location.