In Kovach v PJA, LLC, the plaintiff testified that she tripped on an unlevel portion of the sidewalk in front of the defendants’ building.  However, at her deposition, when shown photographs of the sidewalk, the plaintiff was unable to identify the exact location of the defect on which she fell.  The lower court granted the defendants’ motions for summary judgment, finding that the plaintiff was unable to prove that her accident was proximately caused by a sidewalk defect adjacent to their property.

However, the First Department reversed, finding that the plaintiff’s testimony was sufficient to demonstrate a link between a defect on the sidewalk and her accident despite her inability to pinpoint the location she fell.  Moreover, the Court found that although the police report was hearsay, it could lend support to her position for purposes of the motion since it identified an uneven sidewalk raised 1 1/4″ as the location of her fall in front of the building. 

Thanks to Georgia Coats for her contribution.

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