Cassidy v. Leonard H. Hawkins, Post No. 156, The American Legion, Department of New York

Leonard H. Hawkins, Post No. 156, The American Legion, Department of New York
Supreme Court, Bronx County

Ralph A. Cosentino of our New York City office obtained a dismissal of the Supreme Court, Bronx County action against our client, Leonard H. Hawkins, Post No. 156, The American Legion, Department of New York.

Plaintiff alleged that he was caused to sustain serious injuries as the result of a slip and fall on ice located within the Post's parking lot. Mr. Cosentino successfully argued that the Post could not be found liable for Mr. Cassidy's slip and fall, which occurred at some time after 10:00 p.m., because the Post neither created the condition alleged nor had notice.

Judge Kenneth Thompson of Bronx County, Supreme Court granted our motion and found that the plaintiff's theory that the Post created the condition alleged was unavailing. Furthermore, he determined that the Post could not have had notice of the condition as plaintiff, himself, testified that he had walked in the accident location approximately one hour prior to his fall and did not notice ice at that time. (October, 2011).