February 24, 2022

DSB won summary judgment on behalf of a Queens County homeowner with a life estate in residential real property. Plaintiff allegedly injured himself when he tripped and fell on a raised sidewalk condition. DSB demonstrated that the condition was actually located on a portion of the sidewalk abutting a neighboring property. Further, DSB met its burden of showing our client was exempt from liability under New York City Administrative Code sec. 7-210 because she retained a life estate in and occupied the two-family home situated on the property, which was used exclusively for residential purposes. Further, there was no special use of the sidewalk and she did not create the defective sidewalk condition.

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