Practice point: Generally, the municipality is liabile for injuries resulting from negligent maintenance of a public sidewalk, or from a defective condition on the sidewalk.
Students should note that there is an exception where defendant created the defect.
Case: Elkman v. Consolidated Edison of N.Y., NY Slip Op 02088 (2d Dept. 2010)
The opinion is here.
Tomorrow's issue: Motion practice.
