Landlord Claims Neighborhood Association Responsible for Defective Sidewalk

LVT Number: #24195

Injured pedestrian claimed that she tripped and fell on a cracked and uneven portion of the sidewalk abutting landlord's building. Landlord then sued Friends of Greenwich Street, Inc., claiming that the neighborhood organization should reimburse landlord for any damages assessed against landlord. The organization asked the court to dismiss any claims against it. The court refused. The organization then appealed and lost.

Injured pedestrian claimed that she tripped and fell on a cracked and uneven portion of the sidewalk abutting landlord's building. Landlord then sued Friends of Greenwich Street, Inc., claiming that the neighborhood organization should reimburse landlord for any damages assessed against landlord. The organization asked the court to dismiss any claims against it. The court refused. The organization then appealed and lost. Landlord claimed that the organization installed, inspected, and maintained the portion of the sidewalk where the pedestrian fell, and that it did so in a negligent manner. Landlord presented sufficient facts to add the organization to the case for a trial on who was responsible.

Dollard v. WB/Stellar IP Owner, LLC: NYLJ, 6/18/12, p. 18, col. 5 (App. Div. 1 Dept.; Andrias, JP, Friedman, Sweeny, Manzanet-Daniels, Roman, JJ)