June 11, 2018

DSB won summary judgment on a sidewalk trip and fall case in Supreme Court/Queens County, where it was alleged that the area of the sidewalk where Plaintiff fell was the driveway apron of defendant’s home and the special use created the alleged defect. The Court granted the motion for summary judgment indicating that defect was on the sidewalk rather than driveway apron and no expert testimony was offered to establish that the defect arose from the homeowner’s special use of the area. Any allegations that the special use caused the defect were speculative. Since the premises was an owner-occupied one family residence, the exception to Administrative Code sec. 7-210 applied and the homeowner had no liability under the section. Case dismissed.