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Appellate Decision Win for Keri A. Wehrheim

June 17, 2015
By: Frank Scahill

Congratulations to Keri A. Wehrheim for a great result on appeal in Maya v Town of Hempstead (2015 NY Slip Op 03507) decided on April 29, 2015 by the Appellate Division, Second Department. Here, our homeowner was sued by a plaintiff in a slip and fall case for a defect on the abutting sidewalk where the municipality did not impose a statutory liability on the homeowner. The Appellate Division stated : "An abutting owner or lessee will be liable to a pedestrian injured by a dangerous condition on a public sidewalk only when the owner or lessee either created the condition or caused the condition to occur because of a special use, or when a statute or ordinance places an obligation to maintain the sidewalk on the owner or the lessee and expressly makes the owner or the lessee liable for injuries caused by a breach of that duty."

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