You are here: / / Abutting Landowner Not Responsible for Condition of Sidewalk Tree Well;...
,

Abutting Landowner Not Responsible for Condition of Sidewalk Tree Well; Open and Obvious Condition Relates Only to Comparative Negligence

In affirming the denial of the summary judgment motion brought by the defendant abutting landowner in a sidewalk slip and fall case, the Second Department noted that an abutting landowner is not responsible for defects in a tree well, and the allegation that a condition is open and obvious only raises a question of fact about plaintiff’s possible contributory negligence. Vigil v City of New York, 2013 NY Slip Op 06853, 2nd Dept 10-23-13

 

 

You might also like
DEFENDANT-SELLERS NOT LIABLE FOR MOLD AND MICE IN HOUSE SOLD TO PLAINTIFFS, UNDER THE MERGER DOCTRINE NO PROVISION OF THE CONTRACT SURVIVED THE DELIVERY OF THE DEED, THE DOCTRINE OF CAVEAT EMPTOR APPLIED, NO DUTY OF CARE OWED TO THE PLAINTIFFS OVER AND ABOVE THE CONTRACT PROVISIONS, THE PRIVITY ELEMENT OF NEGLIGENT MISREPRESENTATION WAS ABSENT (SECOND DEPT).
DEFENDANT DID NOT USE ANY PHYSICAL FORCE IN REFUSING TO COOPERATE AFTER A TRAFFIC STOP; OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION CONVICTION REVERSED (SECOND DEPT).
Change of Venue to Avoid Appearance of Impropriety Properly Granted–Plaintiff Was a Long-Time Senior Employee of Supreme Court in the County Where the Action Was Brought
QUESTIONS OF FACT RAISED ABOUT CAUSE OF FALL AND CONSTRUCTIVE NOTICE OF CONDITION.
ALTHOUGH THE CHILD SUPPORT INCOME FOR TWO CHILDREN IN COLLEGE WAS COUNTED AS PART OF THE HOUSEHOLD INCOME, THE TWO COLLEGE STUDENTS WERE PROPERLY NOT COUNTED FOR FOOD STAMP ELIGIBILITY, THE DENIAL OF FOOD STAMPS WAS PROPER (SECOND DEPT).
10-Year Period for Predicate Felony Tolled by Incarceration​
SCHOOL’S MOTION FOR SUMMARY JUDGMENT PROPERLY DENIED IN THIS NEGLIGENT SUPERVISION ACTION BROUGHT BY INJURED STUDENT.
Criteria for a Motion to Dismiss Based Upon Documentary Evidence and a Motion to Dismiss Supported by Submitted Evidence Explained (Not Met Here)

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Question of Fact about Implied Physician-Patient Relationship In Malpractice... Malpractice Action for Depression-Treatment Prior to Suicide Is Actionable