From Casetext: Smarter Legal Research

Quinn v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 2000
271 A.D.2d 515 (N.Y. App. Div. 2000)

Opinion

Submitted February 29, 2000.

April 13, 2000.

In an action to recover damages for personal injuries, etc., the defendants John Xavier Tracy and Carol Tracy appeal from an order of the Supreme Court, Kings County (Bruno, J.), dated May 25, 1999, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Frank V. Merlino, Garden City, N.Y. (David Holmes of counsel), for appellants.

Richard P. Neimark Associates, LLP (Carol R. Finocchio and Lawrence B. Goodman, New York, N.Y., of counsel), for respondents.

LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, FRED T. SANTUCCI, SONDRA MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff Gloria Quinn was injured when she tripped and fell on a public sidewalk abutting premises owned by the defendants John Xavier Tracy and Carol Tracy (hereinafter the appellants). The plaintiffs alleged, inter alia, that the appellants negligently maintained and repaired the sidewalk. The appellants moved for summary judgment dismissing the complaint insofar as asserted against them.

An abutting landowner will not be liable to a pedestrian who sustains an injury on a public sidewalk unless (1) the landowner created the defective condition or caused the defect to occur because of some special use, or (2) a statute or ordinance placed the obligation to maintain the sidewalk upon the landowner and expressly made the landowner liable for injuries occasioned by the failure to perform that duty (see, Winberry v. City of New York, 257 A.D.2d 618 ; Alessi v. Zapolsky, 228 A.D.2d 531 ). An owner who negligently repairs a municipal sidewalk may be liable to a person who is injured as the result of that negligent repair (see, Meyer v. Guinta, 262 A.D.2d 463 ).

The Supreme Court properly denied the appellants' motion for summary judgment as there are issues of fact as to whether they negligently repaired the sidewalk before the accident (see,Zuckerman v. City of New York, 49 N.Y.2d 557, 562 ; CPLR 3212[b]).


Summaries of

Quinn v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 2000
271 A.D.2d 515 (N.Y. App. Div. 2000)
Case details for

Quinn v. City of New York

Case Details

Full title:GLORIA QUINN, et al., respondents, v. CITY OF NEW YORK, defendant, JOHN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 13, 2000

Citations

271 A.D.2d 515 (N.Y. App. Div. 2000)
706 N.Y.S.2d 349

Citing Cases

Seith v. City of New York

An abutting landowner is generally not liable to a pedestrian who sustains an injury on a public sidewalk…

Scheer v. Roth

Liability for injuries sustained as a result of a dangerous and defective condition on a public sidewalk is…