Heard and decided on the same day by the same Appellate Justices, two cases in the First Department analyzed the issue of whether an adjacent land owner was entitled to summary judgment in cases involving falls on wet sidewalks.

In Torres v New York City Hous. Auth., the plaintiff fell on a sidewalk that was wet from a greasy liquid leaking from garbage bags placed on the sidewalk by the owner’s workers. The trial court granted the owner’s summary judgment motion and dismissed plaintiff’s complaint.

In Bock v Loumarita Realty Corp., the plaintiff slipped and fell on a sidewalk that was slippery when wet during heavy rain. The trial court granted summary judgment to the owner owner, citing that it lacked prior notice of any dangerous condition and an expert opined that no defect existed in the area of the fall.

On appeal, the First Department affirmed the Bock decision, but reversed the Torres dismissal. In Bock, the Appellate Court noted that an “inherently slippery” sidewalk that became more slippery when wet did not constitute an actionable defect, and plaintiff’s expert failed to assert any specific industry standard deficiency or violation. In Torres, the First Department held that summary judgment was not appropriate where an issue of fact existed as to the creation of the slippery condition (the leaking greasy substance from the garbage bags), since the owner’s workers placed the bags on the sidewalk.

Thanks to Jung Lee for his contribution to this post.