Plaintiff claimed she fell on a piece of sidewalk located in between the property of their clients’ and/or the co-defendants but did not know whose property it was. The ownership of the small portion of sidewalk was at issue. The co-defendant’s argued that it was owned by our clients and our clients testified they never had access to the area, never maintained it in any way, and never used it. They also claimed they did not own it, but we were not able to prove this. The co-defendants admitted in deposition testimony that they were the only ones that ever used the sidewalk to gain access to their driveway, they maintained this area, swept, raked and cleared the snow from this area and admitted that the next door neighbors (our clients) never did. Ultimately, the Court found that the co-defendants, pursuant to the deposition testimony, used, maintained and were responsible for the sidewalk area where plaintiff alleged she fell and failed to rebut the prima facie showing of entitlement to Summary Judgment.
January 19, 2022