Kerley, Walsh, Matera & Cinquemani, P.C. Successfully Prevails in Summary Judgment Motion

Plaintiff slipped and fell on a sidewalk adjacent to premises owned by the Defendant, Winthrop University Hospital, on January 25, 2015.  Plaintiff had parked his car nearby and was walking along the sidewalk to visit a family member in the hospital.  Two days earlier, after a snowstorm, Winthrop retained a contractor for snow removal services.  Plaintiff claimed it was a two foot square of ice, in a slightly depressed portion of the sidewalk, that caused him to slip and fall, resulting in a rotator cuff tear requiring surgical repair.

The Supreme Court, Suffolk County found that the Defendant, Winthrop University Hospital, established its prima facie entitlement to summary by demonstrating that it did not create the icy condition, nor did it have notice of it, warranting the dismissal of the Complaint.

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