Pedestrian Trips on Sidewalk Cable

December 1, 2001

LVT Number: 15427

Pedestrian sued landlord and storefront owner after falling over a cable lying on the sidewalk. Pedestrian claimed that the cable extended from an open sidewalk vault that was part of landlord's property. Landlord asked the court to dismiss the case against it. The court ruled for landlord. The pedestrian appealed and lost. There was no proof that landlord was responsible for the condition. Although tenant's lease gave landlord a right of entry for repairs, this alone didn't make landlord responsible for a dangerous condition that may have arisen later.

Pedestrian sued landlord and storefront owner after falling over a cable lying on the sidewalk. Pedestrian claimed that the cable extended from an open sidewalk vault that was part of landlord's property. Landlord asked the court to dismiss the case against it. The court ruled for landlord. The pedestrian appealed and lost. There was no proof that landlord was responsible for the condition. Although tenant's lease gave landlord a right of entry for repairs, this alone didn't make landlord responsible for a dangerous condition that may have arisen later.

Popovskaya v. Kings Delights Inc.: NYLJ, 11/20/01, p. 25, col. 2 (App. Div.2 Dept.; Santucci, JP, Goldstein, Townes, Cozier, JJ)

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