Stephen V. Morello, Esq. successfully argued an appeal before the Appellate Division, First Department in the matter Anna Evangelista v. The Church of St. Patrick et al, 2013 NY SLIP OP 01209, decided February 26, 2013.
The plaintiff, who was represented by Sullivan, Papain, Block, McGrath & Cannavo, argued in a slip and fall action involving snow and ice that the defendant, who operated an elementary school, had constructive notice of an alleged icy condition as a result of a melt and refreeze process. To support their position, the plaintiff submitted an affidavit from an expert meteorologist along with the deposition testimony of their client and photographs. The First Department affirmed the lower court’s finding that the record was devoid of evidence that the school either caused or created the condition, nor that it had actual or constructive notice of same. The decision was unanimous.