The Second Department recently held that the mere act of painting a portion of a sidewalk does not create a hazardous condition or put a landowner on notice of an allegedly hazardous condition. In Ford v. Domino’s Pizza, LLC, the plaintiff slipped and fell on a raised portion of sidewalk that had been painted blue. In granting the landowner’s motion for summary judgment, the court emphasized that the plaintiff’s allegation that the paint made the sidewalk inherently slippery was insufficient to raise a triable issue of fact.

Thanks to Lora Gleicher for her contribution to this post.

http://www.courts.state.ny.us/reporter/3dseries/2009/2009_07979.htm