DSB was successful in obtaining summary judgment dismissing a complaint and all cross claims against a Queens County residential homeowner involving a fall on a raised sidewalk. In opposition, plaintiff argued the homeowner was liable and created the dangerous condition when they previously installed a new sidewalk in the area where plaintiff testified she fell. Within plaintiff’s opposition papers, plaintiff failed to support their contentions with any evidence. DSB successfully argued that the homeowner did not create the dangerous condition by installing a new sidewalk before this accident and further argued the homeowner was afforded the exception under the Administrative Code of City of NY §7-210.
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