August 4, 2022 – M&H Wins Reversal And Reinstatement Of Complaint In Long Island Premises Liability Case

In this action to recover damages for personal injuries sustained on a raised and broken sidewalk in Seaford, Long Island, the Appellate Division, Second Department, in accordance with M&H’s arguments, reversed the lower court’s award of summary judgment in favor of the defendant and reinstated the plaintiff’s case, finding that although the Town of Hempstead Code did not impose tort liability upon the abutting landowner for breaching the duty imposed by the Code to maintain the sidewalk in good condition, the defendant’s failure to establish prima facie that it did not create the condition in question mandated denial of its summary judgment motion.

Kearns v. Cedar Cove Development Corp.