In Schulman v. 34th Street Partnership, Inc., the First Department unanimously affirmed the trial court’s denial of defendant’s summary judgment motion where plaintiff claimed personal injuries as a result of sidewalk defects in defendant’s property. Defendant, citing that it had made improvements to the sidewalk as part of a business improvement district project was unable to establish entitlement to judgment as a matter of law.

The First Department stated that the evidence of improvements presented was insufficient to show that defendant did not create or cause the dangerous defective condition.

Thanks to Alison Weintraub for her contribution to this post.

http://www.courts.state.ny.us/reporter/3dseries/2011/2011_06944.htm