Partner Daniel McCally Obtains Summary Judgement in Westchester County

Partner Daniel McCally obtained summary judgement on behalf of a commercial tenant in Westchester County.   The plaintiff was a pedestrian, walking on a sidewalk adjacent to the tenant’s garage when he tripped and fell over a raised sidewalk flag.  The sidewalk had recently been renovated by the municipality as part of a project to revitalize the neighborhood.   The plaintiff commenced the action against the commercial tenant, as well as the municipality, engineering firm and contractor responsible for the sidewalk project.  The plaintiff suffered multiple leg and hip fractures that ultimately led to two surgeries and an extended stay in a rehabilitation facility.  The Court granted our motion on the basis that the controlling statute assigning responsibility for maintaining the sidewalk did not also impute liability for breach of that duty.  The Court opined that our client did not construct, alter, repair or make special use of the sidewalk.    Additionally the court agreed that there wereno express provisions in our client’s lease compelling the commercial tenant to maintain or repair the sidewalk.


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