Sidewalk Cellar Door Archives

January 9, 2016 by mjpospis

Cellar Door Personal Injury Case Continues; Defendant Failed to Establish That it Was an Out-of-Possession Landlord

In Elsayed v. Al Farha Corp., 2015 NY Slip Op 07813, 132 AD3d 942 (App. Div. 2nd Dept. Oct. 28, 2015), the Second Department affirmed the denial of defendant’s motion for summary judgment. Plaintiff alleged that he fell into opened sidewalk cellar doors of a building owned by defendant T&T Steinway, LLC, from which defendant tenant…

Cellar Door Injuries

Cellar doors are a ubiquitous aspect of New York City life. As illustrated by a recent tragedy in which a man who apparently fell to his death through a cellar grate at 1281 Bedford Avenue in Brooklyn, they can be dangerous – even deadly. Property owners are required to maintain their property in a reasonably…

Cellar Door Trip/Fall Case Should Have Been Dismissed; Errata Sheet Could Not Be Used to Correct Location of Accident

In Horn v. 197 5th Ave. Corp., the Appellate Division, Second Department held that plaintiff’s trip-and-fall case should have been dismissed. Plaintiff sued “to recover damages for injuries she sustained when she allegedly tripped and fell over a sidewalk cellar door adjacent to the defendants’ property at 197 Fifth Avenue in Brooklyn.” There was, however, a…