July 11, 2018

The Appellate Division, Second Department affirmed an order of the Supreme Court granting a motion for summary judgment made on behalf of a homeowner represented by Devitt Spellman Barrett, in a sidewalk slip and fall case. The Court agreed that the homeowner was exempt from liability imposed by the Administrative Code of the City of New York because the property adjoining the sidewalk was a single-family owner occupied residence used solely for residential purposes. The Court also agreed that the homeowner established that she did not create the defective condition, notwithstanding the conclusory and speculative allegations of plaintiff’s expert witness.