Cruz v 2742 Fulton, LLC

Holding The court affirmed the summary judgment dismissing the complaint against the defendant because it failed to establish ownership, occupancy, control, or special use of the property. The defendant demonstrated that it did not own the abutting property and did not cause the sidewalk defect through its construction activities.

The court’s words

Liability for a dangerous condition on property is generally predicated upon ownership, occupancy, control, or special use of the property

2026 NY Slip Op 05275, at the official text

In the absence of ownership, occupancy, control, or special use, a party generally cannot be held liable for injuries caused by the dangerous or defective condition of the property

2026 NY Slip Op 05275, at the official text

Citywide demonstrated that it did not own the property abutting the sidewalk upon which the plaintiff fell and that the hole in the sidewalk existed before Citywide began work on the neighboring property

2026 NY Slip Op 05275, at the official text