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Criteria for Abutting Property Owner’s Liability for Accumulated Snow and Ice on a Sidewalk (In the Absence of a Statute or Ordinance) Explained

The Second Department explained the liability of an abutting property owner for accumulated ice and snow on a sidewalk.  The slip and fall in this case occurred before NYC Administrative Code 7-210 imposed liability on abutting property owners:

“In the absence of a statute or ordinance, an owner or lessee of property abutting a public sidewalk may be held liable where it undertook snow and ice removal efforts which made the naturally-occurring conditions more hazardous'” … . Here, [defendant]  made a prima facie showing of entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against him on the ground that neither he nor anyone acting in his behalf performed snow removal at the premises, and that he was not liable for any actions his tenants may have taken with respect to the sidewalk … . Harris v City of New York, 2014 NY Slip Op 08319, 2nd Dept 11-26-14

 

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THE 15-YEAR-OLD PLAINTIFF WAS RIDING THE ESCALATOR IN DEFENDANT’S THEATER IMPROPERLY WHEN HE FELL OFF BACKWARDS TO THE FLOOR; THERE WAS NO EVIDENCE OF A DEFECTIVE CONDITION AND PLAINTIFF’S EXPERT AFFIDAVIT WAS SPECULATIVE; THE THEATER’S SUMMARY JUDGMENT MOTION SHOULD HAVE BEEN GRANTED (SECOND DEPT). ​
Evidence Supported Finding Certificate of Acknowledgment Attached to Deed Was Forged
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Defendant’s Failure to Comply with Stipulated Custody Arrangement Warranted Awarding Sole Custody to Plaintiff
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