Practice point: Defendants made a prima facie showing of entitlement to summary
judgment based upon plaintiff's testimony that he fell on a slippery sidewalk, during a period of heavy rain; defendants'
lack of prior notice of a dangerous condition; and an expert opinion
that there was no defect in the area of the fall.
Plaintiff's expert's finding lacked
probative force and failed to raise a triable issue of fact as to the
existence of a defective or dangerous condition in the absence of any
assertion of a violation of a specific, applicable industry standard
which contributed to the accident. Plaintiff's conclusory claim that a violation of 6 RCNY § 2-55(a)'s
provision, concerning the maximum height for removable railings
separating unenclosed sidewalk cafés, contributed to his injuries fails
to raise a triable issue of fact. Likewise, plaintiff's claim that
the sidewalk's condition violated Administrative Code of City of NY
§ 19-152(a), is unavailing. He failed to establish a causal
relationship between the condition of the concrete patchwork, adjacent
to the location of the fall, and the accident, and his claim that granite constituted an "unapproved non-concrete material" is unsupported.
Student note: The mere fact that a sidewalk is inherently slippery by reason of
its smoothness, or becomes more slippery when wet, does not constitute an
actionable defect.
Case: Bock v. Loumarita Realty Corp., NY Slip Op 04426 (1st Dept. 2014)
Here is the decision.
Tomorrow's issue: It's raining golf balls.
