Was Landlord Responsible for Sidewalk Defect?

October 31, 2009

LVT Number: #22252

A child's parents sued landlord for negligence after the child tripped and fell when his sneaker became caught in a gap between a public sidewalk and the corner of a cellar door of the building owned by landlord. Landlord claimed that it wasn't responsible, since the accident occurred before the effective date of a city law that made landlords responsible for maintaining sidewalks in a safe condition. The court denied landlord's request to dismiss the case without a trial. Landlord appealed and lost.

A child's parents sued landlord for negligence after the child tripped and fell when his sneaker became caught in a gap between a public sidewalk and the corner of a cellar door of the building owned by landlord. Landlord claimed that it wasn't responsible, since the accident occurred before the effective date of a city law that made landlords responsible for maintaining sidewalks in a safe condition. The court denied landlord's request to dismiss the case without a trial. Landlord appealed and lost. Landlord was still responsible if it created a defective condition in the sidewalk or caused the defect to occur because of a special use. A trial was needed to determine the facts.

Serano v. NYCHA: NYLJ, 10/27/09, p. 40, col. 4 (App. Div. 2 Dept.; Mastro, JP, Santucci, Chambers, Lott, JJ)

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