Posted in on February 8, 2019
Ross Ruggiero successfully obtained a dismissal ruling from the Suffolk County District Court following a bench trial. A homeowner brought an action against Ross’ client arguing that they were negligent and that such negligence was the proximate cause of the damage sustained to their home. Ross successfully argued that the property damage claim should be dismissed due to a lack of notice to his client, a local municipality. The Court ultimately agreed with Ross’ position and dismissed the plaintiff’s claims. The Court noted that “absent any notice, the law is clear that no liability can accrue to the municipal defendant.