Building Owner May Be Liable for Slip and Fall on Sidewalk

May 31, 2005

LVT Number: 18120

Pedestrian sued landlords of three buildings after she slipped and fell on the sidewalk in front of one of the buildings. Landlords of two adjoining buildings asked the court to dismiss the case against them without a trial. The court ruled for landlords. Pedestrian appealed and won. She had submitted photographs showing a sidewalk crack extending in front of all three buildings. At this point, there was no proof of where the property lines were or of repairs made to the sidewalk. A trial was needed to determine whether repairs created or contributed to the accident.

Pedestrian sued landlords of three buildings after she slipped and fell on the sidewalk in front of one of the buildings. Landlords of two adjoining buildings asked the court to dismiss the case against them without a trial. The court ruled for landlords. Pedestrian appealed and won. She had submitted photographs showing a sidewalk crack extending in front of all three buildings. At this point, there was no proof of where the property lines were or of repairs made to the sidewalk. A trial was needed to determine whether repairs created or contributed to the accident.

Soto v. Lime Tree Gourmet Deli: NYLJ, 5/19/05, p. 26, col. 1 (App. Div. 1 Dept.; Buckley, PJ, Tom, Saxe, Friedman, Sweeny, JJ)

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