In Harris v IG Greenpoint Corp., the plaintiff tripped and fell because of a claimed sidewalk defect that was approximately 15-18 inches from the curb line outside the entrance to the China Club. Although the China Club was the tenant and not statutorily responsible to repair the sidewalk, the plaintiff argued that the club used the sidewalk to allow its patrons entrance and also cordoned off a portion of the sidewalk using heavy metal stanchions. The club filed an immediate motion to dismiss for failure to state a cause of action. While the lower court granted the motion, the appellate court reversed stating that the plaintiff’s allegations that the cracks emanated from the club’s nightly dragging of the stanchions raised an issue of fact as to whether the China Club created the claimed hazardous condition.

Thanks to Bill Kirrane for his contribution to this post.

http://www.nycourts.gov/reporter/3dseries/2010/2010_03478.htm