O'Brien v. Christy

*1070OPINION OF THE COURT

Lewis R. Friedman, J.

Plaintiff exited from his residence and fell down into an underground vault directly in front of the doorway to his multiple dwelling owned by defendants. The vault covering, made of dollar glass and cast iron, was set into the sidewalk. The cover split and dropped plaintiff into a hole four feet deep which served as housing for utility lines into the building. Defendants move for summary judgment; plaintiff cross-moves for summary judgment, or alternatively, seeks to amend his complaint to add a cause of action in nuisance.

This case presents an issue…