5/9/2006
Larsen v. Congregation B’Nai Jeshurun of Staten Island
The Appellate Division, Second Department, affirmed the Supreme Court decision granting summary judgment to the defendant and holding that there was no evidence that the defendant had notice of a defect. The plaintiff had claimed that she tripped and fell because of an overturned runner at the defendant Congregation. As a result of her fall, the plaintiff claimed that she sustained nerve damage to her right hand and could no longer work as a waitress. Kathleen M. Mulholland successfully argued that we met our burden of proof by demonstrating that there was no evidence that the Congregation either created or had notice of the alleged defective condition and that the plaintiff failed to raise a triable issue of fact on the issue of notice.