Wilfredo Santiago and Elena Santiago v. John Martino, Beverly Martino and Vincent Chiavarone Builders, LLC Supreme Court / Nassau County 2011

Aigul E. Sarvarova was successful in obtaining summary judgment dismissing the plaintiff’s claims and all cross-claims against John Martino and Beverly Martino.

The plaintiff, Wilfredo Santiago, sustained injuries when he tripped and fell on a paver stone.  It was alleged that the defendants, John and Beverly Martino owned the premises.  However, ownership was transferred to the codefendant, Vincent Chiavarone Builders, LLC prior to the date of the occurrence.  The deposition testimonies revealed that the Martinos had no notice of the alleged defect until after the accident and only until they received a letter from the Town.

The Honorable Daniel Palmieri Granted defendants motion for summary judgment dismissing all plaintiff’s claims against John and Beverly Martino opining that the Martinos did not have notice of the defective condition prior to the alleged accident.