NYC Appeals Court Sides With Oil Company in Sidewalk-Maintenance Case
Alicyn Craig garnered success for a Fortune 50 oil company in a premises liability action when the New York Appellate Division, First Department, reversed a lower court. Her client was sued by a woman who fell on ice on a Bronx public sidewalk, adjacent to property the client leased to determine whether it wanted to use it for a service station. The woman also sued the property’s owner with whom the client had a lease agreement that contained indemnification provisions in favor of Alicyn’s client. The lower court denied the client’s motion for summary judgment on the basis that the property owner had presented material issues of fact of the client’s alleged control of the property. But the Appellate Division disagreed, finding that the client bore no responsibility to keep the sidewalk free of snow and ice, pursuant to the New York Administrative Code, and that the lower court applied the wrong legal standard. As such, the appeals court reversed, dismissing all claims against Alicyn’s client. The order can be found here.