Susan McCusker v. East Rockaway UFSD

CFO Legal > Susan McCusker v. East Rockaway UFSD

Brief Description of Case:

Plaintiff alleges to have tripped and fallen over a raised portion of the sidewalk abutting the Rhame Avenue Elementary School’s “entrance gate” in East Rockaway, New York, resulting in personal injury.

Court or Jury’s Decision and Reasoning:

The Court found that counsel for the school district set forth a prima facie case that the school district neither caused/created the alleged sidewalk defect, maintained a legally defined “special use” upon the sidewalk which caused the alleged defect to arise, nor had a statutory obligation to maintain the sidewalk for the safety of third-party pedestrians traversing thereon, that of which plaintiff was not able to rebut via any valid triable issues of fact.

The Best Possible Defense


Thomas J. Cicillini, Esq.

Party We Represent:

East Rockaway UFSD


Nassau County Supreme Court


November 2021