Richards, Byrue v. Maspeth Supply Company, LLC
Plaintiff tripped over a “crack” in the street. Richard Berne found a photograph of the location taken several years before the accident and before the insured had worked in the area, which showed that the crack had been there for years as of the time of Plaintiff’s fall. Mr. Berne sent Plaintiff’s counsel a “frivolous action” letter, and Plaintiff discontinued the case against the insured.