In Deborba, et. al. v. The City of Rye, et. al., MMP&S secured a dismissal of all claims asserted against The City of Rye in a complex personal injury action. The plaintiff argued that The City of Rye had actual and constructive notice of a defect on a City sidewalk. The actual notice argument was based upon records which showed that work was performed by The City near the sidewalk within months of the accident. To establish constructive notice, the plaintiff relied upon a Google Maps photograph which showed that the defect existed for years. MMP&S was successful in convincing the Court that the notice arguments were not enough to overcome the statutory protections put in place to protect The City of Rye.
