Brief Description of Case:
This is an action where plaintiff sought recovery for personal injuries allegedly sustained when she was caused to trip and fall in the walkway/pathway at the Centre Avenue Long Island Railroad (“LIRR”) station in East Rockaway, New York.
Court or Jury’s Decision and Reasoning:
By motion, our office argued that the DISTRICT, is not the abutting landowner and thus owed no duty to the Plaintiff herein. The DISTRICT further argued that even if it were the abutting landowner, there is no provision in the Village Code that specifically states that due to a landowner’s breach of a duty to repair that it will be liable to those who are injured. The court found the DISTRICT met its prima facie entitlement to judgment as a matter of law and no party had raised any material issue of fact as to the DISTRICT’s ownership or control over the subject sidewalk area where the Plaintiff fell.