Landlord Didn't Make Sidewalk More Hazardous

April 30, 1995

LVT Number: 9661

Pedestrian sued landlord and the City of New York after she slipped and fell on ice and snow on the sidewalk in front of landlord's building. Pedestrian claimed that landlord had made the sidewalk more hazardous. Landlord asked the court to dismiss the case against her and the court refused. Landlord appealed. The appeals court ruled for landlord. Pedestrian had stated that the sidewalk wasn't shoveled. So landlord couldn't have made the sidewalk more hazardous. The case, at least against landlord, was dismissed.

Pedestrian sued landlord and the City of New York after she slipped and fell on ice and snow on the sidewalk in front of landlord's building. Pedestrian claimed that landlord had made the sidewalk more hazardous. Landlord asked the court to dismiss the case against her and the court refused. Landlord appealed. The appeals court ruled for landlord. Pedestrian had stated that the sidewalk wasn't shoveled. So landlord couldn't have made the sidewalk more hazardous. The case, at least against landlord, was dismissed.

Miller v. City of New York: NYLJ, p. 35, col. 4 (4/20/95) (App. Div. 2 Dept.; Balletta, JP, Thompson, Santucci, Altman, Hart, JJ)

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