Friday, March 10, 2017

Summary judgment in a slip-and-fall action.

The Appellate Division affirmed summary judgment and dismissal in this action where plaintiff was injured when she tripped and fell on the sidewalk in front of defendant's home. Defendant, as a single family homeowner, could only be liable for the alleged half-inch height differential where the two sidewalk flagstones met in front of her house if she created or exacerbated the alleged hazardous condition. There was no evidence in the record to indicate that defendant created the height differential. Plaintiff, at most, alleged that tar applied by defendant's husband in the joints between the sidewalk flagstones had somehow obstructed her vision of the alleged height differential. She never claimed to have tripped over the caulking that was only applied in the joint space between the sidewalk flagstones, and her assertion that the caulking had obstructed her view of the height differential in the flagstones was insufficient to raise a triable issue of fact.

Case:  Napoli v. Di Marco, NY Slip Op 01633 (1st Dep't March 2, 2017)

Here is the decision.

Monday's issue:  An insufficient claim of intentional infliction of emotional distress.