January 24, 2018

The firm successfully defended homeowners in a personal injury action arising out of a trip and fall on a public sidewalk in Richmond County. Despite evidence of post-incident remedial action, the Court granted the defendants’ motion for summary holding that the defendants were entitled to the exemption from liability contained in New York City Administrative Code 7-210(b). The defendants established that no repairs were made to the sidewalk prior to the plaintiff’s accident and the alleged defect in the sidewalk did not arise out of a special use of the sidewalk by the defendants.