Montes v. City of Buffalo

I respectfully dissent in part because, in my view, Supreme Court properly denied the motion of defendants Kevin Helmer and Loretta Helmer for summary judgment dismissing the amended complaint against them. I disagree with the majority that the Helmers established that the Code of City of Buffalo (Code) imposes liability upon abutting landowners for injuries resulting only from the failure to keep a sidewalk clear of snow and ice and not from the failure otherwise to maintain or repair a sidewalk. Section 413.50 (A) of the Code plainly states that “[t]he owner or occupant of lands fronting or…