Hevia v. Smithtown Auto Body of Long Island, Ltd.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The plaintiff allegedly slipped and fell in the early morning hours as a result of an icy and snowy condition on a sidewalk abutting premises leased by the defendant. Snow had last fallen two or three days prior to the date of the incident.
“Generally, liability for injuries sustained as a result of negligent maintenance of or the existence of dangerous and defective conditions [on] public sidewalks is placed on the municipality” (Hausser v Giunta, 88 NY2d 449, 452-453 [1996]; see Ferguson v Shu Ham Lam, 74 AD3d 870 [2010]). An abutting owner or lessee will be liable to a pedestrian injured by…
2Cases cited9 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Hausser v. GiuntaNew York Court of Appeals · 1996
- Romano v. LegerAppellate Division of the Supreme Court of the State of New York · 2010
- Baines v. G&D Ventures, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Ferguson v. Shu Ham LamAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by12 opinions
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- Pareres v. ChoAppellate Division of the Supreme Court of the State of New York · 2017
- Mule v. Invite Health at New Hyde Park, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
- Obee v. RicottaAppellate Division of the Supreme Court of the State of New York · 2016
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