Leary v. Dallas BBQ

The motion court properly granted Dallas BBQ’s summary judgment motion in this action for personal injuries allegedly sustained after plaintiff tripped and fell over a segment of a wooden police barricade lying on the sidewalk near the northwest intersection of 23rd Street and Eighth Avenue in Manhattan. Dallas BBQ, lessee of the premises near the intersection, established, prima facie, its entitlement to summary judgment. It was neither abutting owner for purposes of Administrative Code of City of NY § 7-210 nor did it create or have constructive notice of the condition, and it owed no duty…