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Plaintiff defeats multiple motions for Summary Judgment and accident case to go to trial
Desrouleaux v. Park Row Homeowners Index No.: 19741/10
Nassau County Supreme Court, Justice Robert A. Bruno
In an action for damages sustained by Plaintiff, Kettly Desrouleaux, as the result of a slip-and-fall accident that occurred on December 24, 2009 at approximately 7:30 p.m. in the parking area of the premises known as "Park Row" in Central Islip, County of Suffolk, New York. Plaintiff suffered a closed left fracture to lateral malleolus, anxiety and depression and other pain and suffering. Plaintiff sues Park Row Homeowners Association, Inc. ("Park Row"), the owner of said premises; The Management Co. of Blue Point, Inc., the manager of said premises; and Liardi Landscaping, Inc. ("Liardi"), the party hired to remove snow and ice from said premises. It is uncontroverted that, at the time of the accident, a contract was in place for snow removal services between Defendant Liardi and Defendant Park Row. A blizzard occurred on December 20, 2009 - December 21, 2009, a few days prior to Plaintiff's slip and fall. Defendants filed motions pursuant to CPLR §3212 seeking summary judgment. Plaintiff opposed each of the motions and the Court ruled that the record demonstrates that there is a triable issue of fact as to whether Defendants had constructive notice of the snow/ice condition given the occurrence of the blizzard three days prior to Plaintiff's accident. Therefore, based upon the foregoing, each of Defendants’ motions were denied. Ira Fogelgaren and Valerie Cartright, attorneys with the firm, worked on this motion. |