Landlord Not Liable for Slip and Fall

Pedestrian sued the city and new landlord for negligence after falling on a public sidewalk in front of landlord's building. The sidewalk was made of irregularly shaped stones embedded in concrete. It had holes and depressions that could be found to make it unsafe. New landlord didn't install, repair, or work on the sidewalk. The city argued that the sidewalk was a ''decorative special use'' and that landlord had a duty to maintain it in a reasonably safe condition. Landlord claimed that it wasn't liable. The court ruled for landlord and dismissed the case against it. In general, landlord has no duty to keep a public sidewalk in a safe condition. And landlord got no special benefit from the decorative sidewalk. Therefore, it wasn't a special use, and no duty was imposed on landlord to keep it in a safe condition.

Gonzalez v. City of New York: NYLJ, 3/2/04, p. 18, col. 3 (Civ. Ct. Kings; Sweeney, J)