Thursday, February 11, 2016

Sidewalk defects and an abutting landowner's liability.

Practice point:  The Appellate Division reversed, and granted defendant's summary judgment motion in this action where plaintiff allegedly tripped and fell on a sidewalk abutting premises owned by defendant.

An abutting landowner will be liable to a pedestrian injured by a sidewalk defect where the landowner created the defect, caused the defect to occur by some special use of the sidewalk, or breached a specific ordinance or statute which obligates the owner to maintain the sidewalk. Here, defendant established, prima facie, that her property was covered by the exemption for owner-occupied residential property set forth in section 2-710(b) of the Administrative Code of the City of New York, and that she had no statutory duty to maintain the sidewalk.

Student note:  Generally, liability for injuries sustained as a result of dangerous and defective conditions on public sidewalks is placed on the municipality, and not the abutting landowner.

Case:  Ippolito v. Innamorato, NY Slip Op 00648 (2d Dept. 2016)

Here is the decision.

Tuesday's issue:  A summary judgment motion denied as untimely.