June 25, 2020

DSB was successful in obtaining summary judgment on a Bronx County case in which a Plaintiff was injured on an defective sidewalk, which defects were allegedly caused by the defendant’s special use of the sidewalk. The portion of the sidewalk where the accident occurred was at the location of defendant’s driveway, which led to four attached garages. DSB was able to prove that the sidewalk cracks upon which Plaintiff fell pre-existed the defendant’s ownership of the premises and therefore, were not created by the defendant’s special use. The court found that DSB had met our burden of proof on the motion, which was not rebutted by Plaintiff. The complaint was dismissed.