June 16, 2021

DSB was successful in moving for summary judgment on behalf of a homeowner who was a life tenant of a home in Brooklyn under a life estate.  The plaintiff allegedly tripped and fell on the sidewalk abutting the homeowner’s premises.  DSB argued that the homeowner exception to New York City Administrative Code § 7-210 was unaffected by the life tenancy.  The Supreme Court, Kings County, found that DSB established its prima facie entitlement to judgment and plaintiff and codefendants failed to raise a question of fact in opposition.  Accordingly, all claims by the injured Plaintiff and cross-claims by the City against the homeowner were dismissed.