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Summary Judgment Secured for New York Municipal Client

May 5, 2026Client Alerts, News

New York, NY – Congratulations to Foley Mansfield New York litigation team including, Dennis Vega, Michael Tuttle and William Miedel, on securing a win for their municipality client in a contested summary judgment, resulting in a complete dismissal of all claims before trial.

The matter arises from a personal injury action involving an alleged roadway defect at a municipal intersection. The Court agreed with the defense that the absence of prior written notice under Administrative Code § 7-201(c)(2) successfully defeated a required condition precedent to municipality liability.

The motion successfully dismantled plaintiff’s opposition by demonstrating no triable issue of fact as to any exception, including affirmative creation or special use, and by firmly establishing that if plaintiff’s liability theory had any merit, then any such showing of liability was insufficient, as a matter of law, as to the municipality. The Supreme Court granted a full disposition in favor of Foley Mansfield’s client.

Dennis E. Vega is Co-Managing Partner of Foley Mansfield’s New York office and trusted advisor to manufacturers, municipalities, and premises owners with a strong track record in complex, high exposure litigation matters.

Michael Tuttle is a Partner in Foley Mansfield’s New York office who is recognized for strategic case handling and successful outcomes in high-stakes litigation across complex general liability and product liability matters.

William T. Miedel is Of-Counsel in Foley Mansfield’s New York Office where he concentrates his practice on the defense of toxic tort, products liability and complex personal injury matters bringing depth of trial-ready skill and substantive knowledge to every client interaction.

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