You are here: / / ABUTTING LANDOWNER DEMONSTRATED IT DID NOT CREATE THE SIGN POST STUMP OVER...

ABUTTING LANDOWNER DEMONSTRATED IT DID NOT CREATE THE SIGN POST STUMP OVER WHICH PLAINTIFF TRIPPED ON THE PUBLIC SIDEWALK AND DID NOT HAVE NOTICE OF THE CONDITION OF THE SIDEWALK, NO COMPLAINTS OR VIOLATIONS, LANDOWNER’S MOTION FOR SUMMARY JUDGMENT SHOULD HAVE BEEN GRANTED (FIRST DEPT).

The First Department, reversing Supreme Court, determine defendant, owner of a building abutting the sidewalk where plaintiff fell, was entitled to summary judgment. Plaintiff alleged she tripped on a metal protrusion or sign post stump on the public sidewalk:

​

… [W]e find that defendant established that its employees did not create the alleged defect by submitting the deposition testimony of its part-owner that defendant performed no work to the subject section of the sidewalk before the accident … . The part-owner’s testimony also established that defendant lacked actual or constructive notice of the alleged condition, because he testified that prior to plaintiff’s accident, he was unaware of any complaints or accidents on the sidewalk, and had received no violations concerning the sidewalk … . Schulman v City of New York, 2018 NY Slip Op 00266, First Dept 1-16-18

NEGLIGENCE (SLIP AND FALL, SIDEWALKS, ABUTTING LANDOWNER DEMONSTRATED IT DID NOT CREATE THE SIGN POST STUMP OVER WHICH PLAINTIFF TRIPPED ON THE PUBLIC SIDEWALK AND DID NOT HAVE NOTICE OF THE CONDITION OF THE SIDEWALK, NO COMPLAINTS OR VIOLATIONS, LANDOWNER’S MOTION FOR SUMMARY JUDGMENT SHOULD HAVE BEEN GRANTED (FIRST DEPT))/SLIP AND FALL (SIDEWALKS, ABUTTING LANDOWNER DEMONSTRATED IT DID NOT CREATE THE SIGN POST STUMP OVER WHICH PLAINTIFF TRIPPED ON THE PUBLIC SIDEWALK AND DID NOT HAVE NOTICE OF THE CONDITION OF THE SIDEWALK, NO COMPLAINTS OR VIOLATIONS, LANDOWNER’S MOTION FOR SUMMARY JUDGMENT SHOULD HAVE BEEN GRANTED (FIRST DEPT))/SIDEWALKS (SLIP AND FALL, ABUTTING LANDOWNER DEMONSTRATED IT DID NOT CREATE THE SIGN POST STUMP OVER WHICH PLAINTIFF TRIPPED ON THE PUBLIC SIDEWALK AND DID NOT HAVE NOTICE OF THE CONDITION OF THE SIDEWALK, NO COMPLAINTS OR VIOLATIONS, LANDOWNER’S MOTION FOR SUMMARY JUDGMENT SHOULD HAVE BEEN GRANTED (FIRST DEPT))

You might also like
TAKING THE APPEAL AS AN EXCEPTION TO THE MOOTNESS DOCTRINE, THE FIRST DEPARTMENT DETERMINED THE ADMINISTRATION FOR CHILDREN’S SERVICES (ACS) DID NOT DEMONSTRATE THE APPPELLANT JUVENILE WAS PROPERLY TRANSFERRED FROM A NONSECURE TO A SECURE FACILITY; THE JUVENILE’S MISBEHAVIOR WAS NOT THAT SERIOUS; ACS DID NOT DEMONSTRATE IT HAD EXHAUSTED LESS SEVERE ALTERNATIVES (FIRST DEPT).
EMAIL FROM ATTORNEY CONSTITUTED A BINDING SETTLEMENT AGREEMENT, SUPREME COURT REVERSED 1ST DEPT.
PLAINTIFF, WORKING FOR A SUBSIDIARY OF VERIZON, WAS INJURED LAYING A CABLE UNDER A CITY STREET; THE MAJORITY HELD THERE WERE QUESTIONS OF FACT WHETHER A FRANCHISE AGREEMENT BETWEEN THE CITY AND VERIZON AND/OR THE ISSUANCE OF A CITY PERMIT RENDERED THE CITY A PROPER DEFENDANT; A TWO-JUSTICE DISSENT DISAGREED (FIRST DEPT).
COUNTERCLAIMS ALLEGING ENTITLEMENT TO A NONDISCRETIONARY BONUS PRECLUDED BY TERMS OF EMPLOYEE HANDBOOK.
FAILURE TO TIE OFF HARNESS WAS NOT THE SOLE PROXIMATE CAUSE OF PLAINTIFF’S FALL, DEFENDANTS DID NOT DEMONSTRATE PLAINTIFF KNEW OF A SAFE PLACE TO TIE OFF, PLAINTIFF ENTITLED TO SUMMARY JUDGMENT ON LABOR LAW 240(1) AND 241(6) CAUSES OF ACTION.
Inconsistent Responses to Special-Verdict Interrogatories Required Resubmission to the Jury or a New Trial
WHERE THE EMPLOYER OF A PHYSICIAN HAS PAID THE PREMIUMS FOR MEDICAL MALPRACTICE INSURANCE AND THE INSURANCE COMPANY DEMUTUALIZES, ABSENT AN AGREEMENT TO THE CONTRARY, THE PROCEEDS GO TO THE PHYSICIAN, NOT THE EMPLOYER (FIRST DEPT). ​
CITY DEMONSTRATED IT DID NOT CREATE, EXACERBATE OR HAVE ACTUAL OR CONSTRUCTIVE NOTICE OF THE BLACK ICE IN THE CROSSWALK WHERE PLAINTIFF SLIPPED AND FELL, DECISION ILLUSTRATES THE LEVEL OF PROOF REQUIRED OF A SLIP AND FALL DEFENDANT TO WIN SUMMARY JUDGMENT (FIRST DEPT).

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

PLAINTIFF SHOULD HAVE BEEN GRANTED SUMMARY JUDGMENT ON HIS LABOR LAW 240 (1)... THE COMPLAINT, STEMMING FROM A FALL OFF A STRETCHER WHILE BEING POSITIONED FOR...