14-Year-Old Fell on Pedestrian Walkway

May 31, 2006

LVT Number: 18885

Tenant sued landlord after her son was injured on the sidewalk in front of landlord's building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant's son was 14 and an experienced bicycle rider. He rode his bike on the pedestrian walkway, where he was injured. He knew or should have known that there were risks involved. And tenant presented no proof of any defect in the walkway or curb. The curb wasn't continuous, but it wasn't broken.

Tenant sued landlord after her son was injured on the sidewalk in front of landlord's building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant's son was 14 and an experienced bicycle rider. He rode his bike on the pedestrian walkway, where he was injured. He knew or should have known that there were risks involved. And tenant presented no proof of any defect in the walkway or curb. The curb wasn't continuous, but it wasn't broken.

DeJesus v. City of New York: NYLJ, 5/22/06, p. 28, col. 6 (App. Div. 1 Dept.; Buckley, PJ, Mazzarelli, Friedman, Sweeny, McGuire, JJ)

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