Sidewalk/Roadway Defects

Scuba diver in blue wetsuit underwater Scuba diver in blue wetsuit underwater

In Meyer v. City of New York, the Appellate Division, Second Department affirmed the dismissal of plaintiff’s trip-and-fall personal injury suit against defendant real property owners. Defendants moved for summary judgment “on the ground that, under section 7-210 of the Administrative Code of the City of New York (hereinafter the Sidewalk Law), they were not…

Read More Court Affirms Dismissal of Sidewalk Trip-and-Fall Case Under NYC Sidewalk Law’s “Residential” Exemption
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Man in suit with orange tie on sidewalk Man in suit with orange tie on sidewalk

In Arzeno v. City of New York, the Bronx Supreme Court discussed the application of the New York City Sidewalk Law – codified as New York City Administrative Code (NYCAC) § 7-210 – which generally shifts liability for sidewalk accidents from the City to abutting property owners.  The court dismissed the action against the City, but…

Read More Sidewalk/Hydrant Trip-and-Fall Case Dismissed Against City, Remains Against Abutting Property Owners
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In Slattery v. Sachem N. High Sch., the Appellate Division, Second Department recently affirmed the lower court’s denial of defendants’ motion for summary judgment. Plaintiff claimed she “tripped and fell due to a difference in height between two concrete slabs of a sidewalk abutting the defendants’ premises.” The court explained the legal standard for determining…

Read More Sidewalk Defect Was Not “Trivial” as a Matter of Law; Trip-and-Fall Case Continues
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Woolworth Building skyscraper in Manhattan Woolworth Building skyscraper in Manhattan

In Alvarado v. City of New York, the Supreme Court, Richmond County recently held that the City of New York was not liable for injuries sustained by a plaintiff who tripped and fell on the sidewalk in front of Dependable Auto Body in Staten Island. Plaintiff claimed that she fell after her foot became wedged…

Read More City of New York Absolved of Liability for Sidewalk Trip and Fall
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Those Romanians – always causing trouble.  First Dracula, now this. (That said, the Romanian I’m married to happens to be perfect.) A New York trial court recently held, in Weason v. Permanent Mission of Romania to the UN and Romania, that defendants were not immune under the Foreign Sovereign Immunities Act for injuries allegedly sustained…

Read More Romania Not Immune in Slip/Fall Case
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