Angelo J. Bongiorno and Alexys M. Carter were successful in obtaining dismissal for our clients, 23 North Avenue Pub, Inc. d/b/a Kaseys American Grill, Roof Top 32 & Barjalt LLC. After a “hard, fast, summer rain,” the plaintiff and her companion slipped on a puddle on the outdoor staircase injuring her right fibula. Once discovery was completed, we moved for summary judgment arguing that our client had did not have any notice of the transient condition. There was no testimony to support the contention that the plaintiff slipped on anything other than rainwater and the case law is clear that the presence of rainwater on outdoor stairs does not automatically impose liability on the defendants. Judge Roy S. Mahon of the Nassau County Supreme Court found that we established that the puddle on the stairs was a transient condition and that our clients did not create or have any notice of the condition. Thus, Judge Mahon Granted our motion for summary judgment. Higgins v. 23 North Avenue Pub, Inc. d/b/a Kaseys American Grill, Roof Top 32 & Barjalt LLC. Read the Decision here
