Louman v. Town of Greenburgh

Summary judgment affirmed by Appellate Division

Plaintiff’s foot stumbled over a crack separating adjoining portions of a sidewalk.  Plaintiff testified that she identified that crack over which she claimed she fell after her daughter inspected the area the next day and told her about the crack. The court rejected plaintiff’s claim that she was not able to see the crack because of darkness but noted that plaintiff had conceded in her deposition that she was  not looking when she fell.

Collins v. Hess Corp.

Dismissal of Action by Court

Obtained the dismissal of plaintiff’s suit where plaintiff who had an extensive medical history and was injured in New York when he slipped and fell while  getting gas and refused to return to New York for his deposition

Massaregli v. Costco

Summary judgment granted

Summary judgment granted where plaintiff slipped and fell on food that had been dropped from a nearby food sampling station.  The court found that Costco did not have actual or constructive condition of the condition.