Pedestrian Fell on Sidewalk

January 1, 1994

LVT Number: 8435

Pedestrian sued City of New York and landlord for damages after falling on sidewalk in front of landlord's building. The trial court ruled against pedestrian without a trial, and she appealed. The appeals court reversed and sent the case back for a new trial. Over a year before pedestrian's accident, the City had gotten notice of a sidewalk defect in front of the building. Landlord had made repairs by cementing over a 1 to 2 inch deep depression running along the side of a metal cellar door.

Pedestrian sued City of New York and landlord for damages after falling on sidewalk in front of landlord's building. The trial court ruled against pedestrian without a trial, and she appealed. The appeals court reversed and sent the case back for a new trial. Over a year before pedestrian's accident, the City had gotten notice of a sidewalk defect in front of the building. Landlord had made repairs by cementing over a 1 to 2 inch deep depression running along the side of a metal cellar door. Pedestrian claimed that these repairs were defective, and presented enough evidence of this to require a trial.

DeJesus v. City of New York: NYLJ, p. 28, col. 3 (12/20/93) (App. Div. 1 Dept.; Carro, JP, Rosenberger, Ellerin, Asch, JJ)

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