▶ Video explainer coming soon
The appeals court agreed that Cooper had not shown NY Dealer caused the defect or knew about it. So that part of the lower court's decision stood. But the court reversed the dismissal for First In Queens. Under city law, only property owners have a duty to maintain sidewalks, not tenants. However, Cooper's complaint also claimed First In Queens itself caused the defect. The court found First In Queens didn't provide enough evidence to rule that claim out. Simply pointing to gaps in Cooper's case wasn't enough. The company needed to prove it didn't cause the problem.
James Cooper tripped and fell on a sidewalk outside a property in Queens. The land was owned by NY Dealer Stations, LLC, and leased by First In Queens, Inc., which ran a Shell gas station there. Cooper sued both companies for his injuries. He asked the court to rule NY Dealer automatically liable. First In Queens asked the court to dismiss the case against it entirely. The trial court denied Cooper's request against NY Dealer, and dismissed the case against First In Queens. Cooper appealed both decisions.
New York City law requires property owners to keep sidewalks outside their buildings safe. This case asked two questions. First, did Cooper prove NY Dealer, the owner, knew about the sidewalk problem or caused it? Second, could First In Queens, the tenant, be dismissed from the case, even though it didn't own the sidewalk?
This case shows that even a tenant without a general duty to fix a sidewalk can still face a case, if there's a claim they caused the hazard themselves. It also reminds plaintiffs that they carry the burden of proving an owner had notice of a defect to win a claim outright.
Talk to a licensed personal injury lawyer in New York.