THE CITY’S AND THE ABUTTING PROPERTY OWNER’S MOTIONS FOR SUMMARY JUDGMENT IN THIS SIDEWALK SLIP AND FALL CASE SHOULD NOT HAVE BEEN GRANTED; THE CITY DID NOT SHOW THAT IT DID NOT CREATE THE DEFECT; THE ABUTTING PROPERTY OWNER HAS A NONDELEGABLE DUTY TO KEEP THE SIDEWALK SAFE (FIRST DEPT).

The First Department, reversing Supreme Court, determined the city’s and the abutting property owner’s motions for summary judgment in this sidewalk slip and fall case should not have been granted. The defect was a mound of concrete with a piece of metal in the sidewalk. Although the city demonstrated it did not have written notice of the defect, the city did not demonstrate it did not create the defect. And the abutting property owner had a nondelegable duty to keep the sidewalk in a safe condition. O’Connor v Tishman Constr. Corp., 2020 NY Slip Op 02383, First Dept 4-23-20