Aryanna A. Medina, Associate

Aryanna Medina Obtains Summary Judgment in Supreme Court, Nassau County

The Court granted our motion for summary judgment to dismiss plaintiff’s complaint and all crossclaims in Legette v. Incorporated Village of Hempstead (index no.: 609926/2021). The plaintiff, Ms. Legette, alleged that she was caused to trip and fall on a roadway defect and that our clients, PSEG and Public Service Enterprise Group, failed to “properly install, maintain, dig, refill, repave, resurface, repair or perform some other construction activities.”  Judge Catherine Rizzo held that our clients had established, through Google Map images of the location, the affidavit of Jermaine Clarke on behalf of PSEG, the Village of Hempstead’s permit book and deposition testimony, that it did not perform work at the location of the defect and thus, could not be held liable for the plaintiff’s injuries. In opposition, plaintiff failed to raise a triable issue of material fact requiring a trial. The Court held that contrary to plaintiff’s contention, PSEG’s affidavit was not contradicted by the existence of a 2018 permit because PSEG’s witness confirmed that the 2018 work did not include any work near the accident location. Thus,  absent any work performed at the location by PSEG, plaintiff’s expert assertion that PSEG could not be ruled out as having performed work in the area because their underground electrical facilities run underneath the accident area, in general, is insufficient to raise a triable issue of fact.