Landlord May Be Responsible for Sidewalk Defect

March 31, 2009

LVT Number: #21118

Pedestrian sued building landlord, commercial storefront tenant, and building's condominium association for negligence after she tripped and fell on the sidewalk in front of the building. Landlord asked the court to dismiss the case without a trial, claiming that any defect in the sidewalk was too minor to create liability. The court and appeals court ruled against landlord. Photographs of the sidewalk showed a depressed area with a rough, uneven surface that raise some question about how serious the defect was. A trial was needed to determine the facts.

Pedestrian sued building landlord, commercial storefront tenant, and building's condominium association for negligence after she tripped and fell on the sidewalk in front of the building. Landlord asked the court to dismiss the case without a trial, claiming that any defect in the sidewalk was too minor to create liability. The court and appeals court ruled against landlord. Photographs of the sidewalk showed a depressed area with a rough, uneven surface that raise some question about how serious the defect was. A trial was needed to determine the facts.

Tese-Milner v. 30 East 85th Street Company: NYLJ, 3/12/09, p. 37, col. 5 (App. Div. 1 Dept.; Friedman, JP, Gonzalez, Sweeny, McGuire, JJ)

Topics

More like this