February 4, 2015

An abutting landowner's liability for a fall on a public sidewalk.

Practice point:  The Appellate Division affirmed the granting of defendant landowner's summary judgment motion.  While the local ordinance requires an  abutting landowner to keep the sidewalk in good and safe repair, it does not specifically impose tort liability for a breach of that duty.

Student note:   Unless a statute or ordinance clearly imposes liability upon an abutting landowner, only a municipality may be held liable for the negligent failure to maintain a public sidewalk.

Case:  Ahdout v. Great Neck Park Dist., NY Slip Op 00710 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  Piercing the corporate veil.