CasePrepPlus is an exclusive benefit of membership in the New York State Bar Association.
New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.
Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.
Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.
PERSONAL INJURY, MUNICIPAL LAW.
The Curb and Tree Well Are Not Areas of a Sidewalk That Are the Responsibility of the Abutting Property Owner; the Property Owner’s/Manager’s Motion for Summary Judgment in This Slip-and-Fall Case Should Have Been Granted
The First Department, reversing Supreme Court, determined the areas near the sidewalk where plaintiff slipped and fell were the curb and a tree well. Both the curb and the tree well, according to the NYC Administrative Code, are not the responsibility of the abutting property owner (Gore/UA): “[T]he definition of the term sidewalk in [Administrative Code] section 19-101(d) shows that Gore and UA did not have a duty to maintain or repair the area where plaintiff fell. Further, to the extent that plaintiff’s injuries were caused by the tree well, Administrative Code § 7-210 ‘does not impose civil liability on property owners for injuries that occur in city-owned tree wells’ …”. Brown v. New York City Dept. of Transp., 2020 N.Y. Slip Op. 05807, First Dept 10-15-20