Grannum v Tanais’s Deli Grocery Corp.

Holding The court affirmed the denial of the plaintiff’s motion for summary judgment because she failed to establish prima facie that the property owner had actual or constructive notice of the sidewalk defect. The expert’s reliance on Google Maps images without visiting the site was deemed insufficient to demonstrate constructive notice.

The court’s words

Section 7-210 of the Administrative Code of the City of New York unambiguously imposes a nondelegable duty on certain real property owners to maintain city sidewalks abutting their land in a reasonably safe condition

2026 NY Slip Op 05285, at the official text

The statute does not impose strict liability upon the property owner, and a plaintiff must prove the elements of negligence to demonstrate that the property owner is liable

2026 NY Slip Op 05285, at the official text

to prevail on a motion for summary judgment, a plaintiff must demonstrate, prima facie, that the property owner created the defect or had actual or constructive notice of the defect

2026 NY Slip Op 05285, at the official text

the report of her expert, who never visited the accident site and relied on, inter alia, Google Maps images of the accident scene, was insufficient to demonstrate, prima facie, that 679 Corp. had constructive notice of the alleged defect

2026 NY Slip Op 05285, at the official text