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eBook details

• Title: Betty Blais Et Al.
• Author : Supreme Court of New York
• Release Date : January 08, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

Appeal from an order of the Supreme Court at Special Term (Walsh, Jr., J.), entered September 15, 1981 in Saratoga County, which granted defendant St. Marys of the Assumption Roman Catholic Churchs motion for summary judgment dismissing the complaint, but without prejudice to plaintiffs repleading as against this defendant. Plaintiff Betty Blais was injured when she allegedly fell on a sidewalk located immediately in front of St. Marys Church and near the intersection of Broad Street and Sixth Street in the Village of Waterford, New York. She and her husband brought suit against both the village and St. Marys, the abutting property owner. Both defendants moved for summary judgment. The village contended that it never received prior notice of any defect in the sidewalk as required by section 6-628 of the Village Law. St. Marys maintained that plaintiff fell on a public sidewalk, which it had no duty to repair or maintain. Plaintiffs cross-moved for an order compelling St. Marys to accept an amended complaint which added an allegation that it was responsible for the sidewalks construction. Defendants motions were granted and plaintiffs was denied. Plaintiffs appeal, as limited by their brief, is directed only at that part of Special Terms order granting St. Marys summary judgment. We affirm. Plaintiffs failed to furnish any evidentiary proof contravening defendants showing that the site of the fall was a public sidewalk or demonstrating that St. Marys had any role in the sidewalks construction or maintenance. The mere fact that it owned the abutting property, without more, is insufficient to cast it in liability (Colson v Wood Realty Co., 39 A.D.2d 511). Furthermore, even if St. Marys had constructed the sidewalk, liability for any defects would rest upon the village if, as is the case here, the village permitted it to be used for public travel (Saulsbury v Village of Ithaca, 94 NY 27). There being no material triable fact issue, summary judgment was properly granted (see Zuckerman v City of New York, 49 N.Y.2d 557, 562). Order affirmed, with costs. Main, J.P., Mikoll, Yesawich, Jr., Weiss and Levine, JJ., concur.

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