Galka v. City of Albany

Plaintiffs brought this action against both defendants to recover damages for personal injuries sustained by the infant plaintiff as a result of a fall on a public sidewalk and for derivative damages sustained by the adult plaintiff. The plaintiffs’ complaint alleges that the defendants negligently maintained a public sidewalk, upon which the infant plaintiff fell, adjacent to property owned by the defendant church. Plaintiffs allege that the sidewalk was ‘ ‘ out of repair, unsafe, dangerous to travel and walk upon, by reason of holes and pits in such sidewalk, by reason of spalting of the…