June 7, 2023 – M&H Wins Reversal And Reinstatement Of Complaint In Mail Carrier’s Action Against Suffolk County Homeowner

In this action seeking damages for injuries sustained after plaintiff fell from a residential front-porch landing, the Appellate Division, Second Judicial Department, in accordance with M&H’s arguments on appeal, reversed the lower court’s summary judgment order and reinstated the complaint, finding that the defendant’s own moving papers evince triable issues of fact regarding the negligent failure to provide railings, thus rendering the defendant unable to meet her prima facie burden as summary judgment movant.

Jean Charles v. Carey