News & Blog

HOMEOWNER RESPONSIBILITY FOR TREE WELL ACCIDENTS

July 5, 2016 • Posted By Jenna E. Elkind • Insurance Coverage

In a recent decision of Gibbons v. The City of New York., (Index #: 10826/12), The Second Department Appellate Division reversed an Order of the Supreme Court and dismissed plaintiff’s Complaint against defendant property owner.

 Plaintiff in Gibbons commenced an action to recover damages for injuries he allegedly sustained when he stepped on a raised cobblestone in the tree well in front of the premises owned by defendant Kingston Heights, LLC.  The Appellate Division held that a property owner defendant will only be found to have a duty to maintain a City owned tree well or be responsible for civil liability for injuries occurring in the City owned tree well when the property owner “affirmatively created the dangerous condition, negligently made repairs to the area, or caused the dangerous condition to occur through a special use of that area”.

 For more information or with any questions, please contact Jenna E. Elkind at jelkind@frenchcasey.com.