Sangaray v. West River Assocs., LLC

Plaintiff claimed that he fell and was injured while walking on a New York City public sidewalk. Plaintiff brought this negligence action against West River Associates, LLC and Sandy and Rhina Mercado. Plaintiff specifically alleged that West River violated section 7-210 of the Administrative Code of the City of New York, which establishes a duty on the part of the owner of real property abutting a sidewalk to maintain the sidewalk in a reasonably safe condition. West River moved for summary judgment, asserting that the area of the sidewalk upon which Plaintiff tripped was located entirely in front of the Mercado property, therefore, the defect did not abut the West River premises. Supreme Court granted West River’s motion for summary judgment. The Appellate Division affirmed, holding that because West River did not own the property that abutted the sidewalk where Plaintiff tripped it fell, it was not responsible for maintaining the sidewalk in a reasonably safe condition. The Court of Appeals reversed, holding that factual questions existed as to whether West River breached its duty to maintain its sidewalk and, if so, whether that breach was a proximate cause of Plaintiff’s injuries. View "Sangaray v. West River Assocs., LLC" on Justia Law