Rojas v 1388 Bushwick Ave, LLC

Holding The court reversed the summary judgment dismissal against the property owner because the owner failed to establish a lack of constructive notice of the sidewalk defect. Conversely, the court affirmed the dismissal against the construction management company because the plaintiff failed to raise a triable issue of fact regarding the applicability of the Espinal exceptions.

The court’s words

the owner's submissions in support of its motion failed to eliminate all triable issues of fact as to whether the alleged defect had existed for a sufficient length of time

2026 NY Slip Op 05563, at the official text

a contractual obligation, standing alone, will not give rise to tort liability in favor of a third party

2026 NY Slip Op 05563, at the official text

Atlas established, prima facie, that its construction contract with the owner did not give it a comprehensive and exclusive obligation to maintain the property

2026 NY Slip Op 05563, at the official text