Pedestrian Tripped on Sidewalk

November 1, 2002

LVT Number: 16176

Pedestrian sued landlord for negligence after she tripped on the sidewalk in front of an apartment building. Landlord claimed that it wasn't responsible for maintaining the public sidewalk and asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Pedestrian submitted a sworn statement and photographs supporting her claim that landlord previously had repaired the sidewalk and that the repairs weren't done properly.

Pedestrian sued landlord for negligence after she tripped on the sidewalk in front of an apartment building. Landlord claimed that it wasn't responsible for maintaining the public sidewalk and asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Pedestrian submitted a sworn statement and photographs supporting her claim that landlord previously had repaired the sidewalk and that the repairs weren't done properly. So there was a question of fact as to whether landlord was responsible for the sidewalk defect, and a trial was required.

Grossman v. Amalgamated Hous. Corp.: NYLJ, 10/21/02, p. 18, col. 3 (App. Div.1 Dept.; Williams, PJ, Nardelli, Saxe, Rosenberger, Marlow, JJ)

Topics

More like this