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ABUTTING PROPERTY OWNER ENTITLED TO SUMMARY JUDGMENT IN THIS SIDEWALK SLIP AND FALL CASE.

The Second Department determined the abutting property owner was entitled to summary judgment in this sidewalk slip and fall case. No statute or ordinance imposed a duty to maintain the sidewalk on the property. And the property owner demonstrated it did not create the icy condition:

An abutting landowner will be liable to a pedestrian injured by a defect in a public sidewalk only when the owner either created the condition, or when a statute or ordinance places an obligation to maintain the sidewalk on the owner and expressly makes the owner liable for injuries caused by a breach of that duty … . Here, the defendant demonstrated its prima facie entitlement to judgment as a matter of law … , by establishing that no statute or ordinance imposed upon it tort liability for failure to maintain the adjoining sidewalk, and that it did not create the alleged icy condition. Escobar v Lowe Props., LLC, 2016 NY Slip Op 08197, 2nd Dept 12-7-16

NEGLIGENCE (ABUTTING PROPERTY OWNER ENTITLED TO SUMMARY JUDGMENT IN THIS SIDEWALK SLIP AND FALL CASE)/SLIP AND FALL (ABUTTING PROPERTY OWNER ENTITLED TO SUMMARY JUDGMENT IN THIS SIDEWALK SLIP AND FALL CASE)/SIDEWALKS (ABUTTING PROPERTY OWNER ENTITLED TO SUMMARY JUDGMENT IN THIS SIDEWALK SLIP AND FALL CASE)

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