Himelfarb v. Town of Brookline

The plaintiff appeals from a summary judgment entered on his complaint against the town in which he alleged that he suffered injuries when he fell on a negligently maintained sidewalk on Boylston Street, also known as Route 9. He claimed that his fall was caused by a defect in the sidewalk described as a “portion of the concrete sidewalk which is raised approximately IV2 inches above the abutting concrete slab, for a width of approximately two feet along the abutting section of the sidewalk.” The town asserted in its answer and motion for summary judgment that it had no duty to maintain the…