Practice point: Pursuant to 34 RCNY 2-07(b), the owners of covers or
gratings on a street are responsible for monitoring the condition of the
covers and gratings and the area extending twelve inches outward from
the perimeter of the hardware.
Student note: Liability for a dangerous or defective condition on property is
generally predicated on ownership, occupancy, control or special use
of the property. Where none is present, a party cannot be held
liable for injuries caused by the dangerous or defective condition of
the property.
Case: Hickman v. Medina, NY Slip Op 01295 (2d Dept. 2014).
Here is the decision.
Tomorrow's issue: A handwritten memorandum as an enforceable settlement agreement.
