Supreme Court Nassau County Archives - Bongiorno, Montiglio, Mitchell & Palmieri, PLLC

Nassau County Supreme Court Holds That a Property Owner has No Duty to Maintain the Adjacent Sidewalk

BMMP — Thu, 14 Oct 2021 16:58:36 +0000

Angelo J. Bongiorno and Alexys Carter’s Motion for Summary Judgment on Liability was Granted when the Court agreed with our arguments that neither the Town Code nor the County Code imposed liability on an adjacent property owner for an injury on a public sidewalk. In Johnson v. Valley East Properties, LLC, the Supreme Court, Nassau County, agreed, and dismissed all claims against our client.

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BMMP Wins Summary Judgment on Premises Liability Case – No notice of transient condition

BMMP — Fri, 01 Oct 2021 14:03:05 +0000

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

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BMMP’s William J. Mitchell Wins Dismissal of All Claims in “Insurable Interest” Case

WJM — Fri, 14 Aug 2020 03:23:32 +0000

In Sabharwal v. Hyundai Marine & Fire Ins. Co., plaintiff transferring all of his right, title, and interest in real property he owned to an LLC. After the property incurred flood damage. plaintiff asserted a first-party property damage claim against his homeowner’s insurer, claiming his membership in the LLC entitled him to coverage. Upon a motion to dismiss by BMMP’s William J. Mitchell, on August 5, 2020, the Supreme Court, Nassau County, found that plaintiff lost his insurable interest, and dismissed all claims against our client.

Read the decision here

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