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PORTION OF SIDEWALK WHERE PLAINTIFF SLIPPED AND FELL WAS SUBJECT TO A SPECIAL USE BY DEFENDANT PARKING GARAGE, DEFENDANT’S MOTION FOR SUMMARY JUDGMENT PROPERLY DENIED (FIRST DEPT).

The Second Department determined defendant parking garage's (New York Parking's) motion for summary judgment in this sidewalk slip and fall case was properly denied. Plaintiff alleged he tripped and fell on a portion of the sidewalk subject to a special use by the parking garage:

The record presents triable issues of fact as to whether New York Parking's use of the sidewalk was a special use, and whether that special use caused the defect in the sidewalk that caused plaintiff to fall… .  The duty to maintain the area of special use runs with the land and is not dependent upon a finding that New York Parking actually inspected the sidewalk or repaired it … . Boneventura v 60 W. 57 Realty LLC, 2018 NY Slip Op 00232, First Dept 1-11-18

NEGLIGENCE (SLIP AND FALL, SIDEWALKS, SPECIAL USE, PORTION OF SIDEWALK WHERE PLAINTIFF SLIPPED AND FELL WAS SUBJECT TO A SPECIAL USE BY DEFENDANT PARKING GARAGE, DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PROPERLY DENIED (FIRST DEPT))/SLIP AND FALL (SIDEWALKS, SPECIAL USE, PORTION OF SIDEWALK WHERE PLAINTIFF SLIPPED AND FELL WAS SUBJECT TO A SPECIAL USE BY DEFENDANT PARKING GARAGE, DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PROPERLY DENIED (FIRST DEPT))/SIDEWALKS (SLIP AND FALL, SPECIAL USE, PORTION OF SIDEWALK WHERE PLAINTIFF SLIPPED AND FELL WAS SUBJECT TO A SPECIAL USE BY DEFENDANT PARKING GARAGE, DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PROPERLY DENIED (FIRST DEPT))/SPECIAL USE (SIDEWALKS, SLIP AND FALL, ORTION OF SIDEWALK WHERE PLAINTIFF SLIPPED AND FELL WAS SUBJECT TO A SPECIAL USE BY DEFENDANT PARKING GARAGE, DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PROPERLY DENIED (FIRST DEPT))

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