Gomez v NA Broadway Realty, LLC
Attorneys and Parties
Brief Summary
Premises liability for sidewalk defects under New York City Administrative Code § 7-210 [imposes a duty upon owners of certain real property to maintain the sidewalk abutting their property in a reasonably safe condition and provides that said owners are liable for personal injury proximately caused by such failure].
The Supreme Court, Queens County granted the plaintiff summary judgment on liability against the owner.
The grant of summary judgment on liability against NA Broadway Realty, LLC.
The plaintiff failed to make a prima facie showing that the owner created the defect or had actual or constructive notice; submissions such as pleadings from other actions and digital mapping images did not establish notice, and a general awareness of possible danger is insufficient.
Background
Miguel Gomez allegedly tripped and fell over a raised portion of a sidewalk abutting a residential building in Queens. The building was owned by NA Broadway Realty, LLC and managed by Ania Property Management, Inc. Gomez sued for personal injuries, alleging negligent failure to maintain the sidewalk and asserting the owner had notice of the defect. In support of his summary judgment motion, he relied in part on pleadings from other actions and images from a digital mapping website.
Lower Court Decision
By order entered December 11, 2023, the Supreme Court, Queens County (Frederick D.R. Sampson, J.) granted the plaintiff's motion for summary judgment on the issue of liability against NA Broadway Realty, LLC.
Appellate Division Reversal
The Appellate Division reversed, denying the plaintiff's motion for summary judgment against NA Broadway Realty, LLC and awarding costs to that defendant. The appeal by Ania Property Management, Inc. was dismissed as it was not aggrieved (CPLR 5511 [only an aggrieved party may appeal]).
Legal Significance
The decision reaffirms that New York City Administrative Code § 7-210 does not impose strict liability on property owners; plaintiffs must prove negligence, including that the owner created the defect or had actual or constructive notice. Constructive notice requires a visible and apparent condition existing for a sufficient time to permit discovery and remediation. General awareness of potential hazards and reliance on digital mapping images or unrelated pleadings, without more, are inadequate to establish notice. If a plaintiff fails to make a prima facie showing, the court need not consider the opposition.
To obtain summary judgment in a sidewalk trip-and-fall case under § 7-210, a plaintiff must present competent, specific evidence that the owner created the defect or had actual or constructive notice; generalized assertions and third-party mapping images or other pleadings are insufficient.