DSB was successful in defending a Suffolk County school district in an appeal to the Appellate Division, Second Department, in a lawsuit brought by a person who claims to have been injured on a defective sidewalk at an elementary school. The appellate court unanimously reversed the lower court’s decision on DSB’s motion and awarded summary judgment to the school finding that the alleged condition on the sidewalk was too trivial to be actionable. The Appellate Division dismissed Plaintiff’s Complaint in its entirety.
Tag: premises liability
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.
