DSB successfully moved for summary judgment on behalf of a New York City homeowner who claimed to have tripped and fallen on the sidewalk in front of the Manhattan home. Defendants established through the use of an expert surveyor that the sidewalk location involved in the accident was not located in front of their home and as such that they did not owe plaintiff a duty of care to maintain the concrete sidewalk. The Court also held that the defendants did not create the alleged defect, and that there was no special use made.
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