April 20, 2021

Supreme Court, Richmond County, granted DSB’s motion for summary judgment dismissing all claims and cross-claims against DSB’s client, a homeowner in Staten Island, for an accident that arose from a trip and fall on a sidewalk. Plaintiff and codefendants argued that despite the applicability of the homeowner’s exception under Administrative Code Section 7-210, there were questions of fact related to whether DSB’s client had notice of the defect and whether the client created the defect. DSB argued that notice is irrelevant when the homeowner has no duty under Administrative Code Section 7-210 and DSB affirmatively established on the motion that the client did not create the condition. The court agreed with DSB and dismissed the case.