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The appeals court sided with Giandon Realty. It found that Giandon showed proof it did not create the icy condition. It also showed it had no actual or constructive notice of the ice. Constructive notice means the danger existed long enough that the owner should have known about it. Vasquez did not provide evidence to challenge these facts. Because of this, the court reversed the lower court's decision. It granted Giandon's request to dismiss the case against it.
On a Monday morning in January 2016, Flora Vasquez slipped and fell on a thin layer of ice. The ice was on a sidewalk next to a building owned by Giandon Realty, LLC. Giandon owned the building but leased it to a restaurant. Vasquez sued Giandon for her injuries. Giandon asked the court to dismiss the case, arguing it was not responsible for the ice. The lower court said no and denied Giandon's request. Giandon then appealed that decision to a higher court.
New York City law says property owners must keep sidewalks next to their buildings safe. This duty applies even if the owner leases the building to someone else. But this law does not automatically make an owner responsible. The injured person still must show the owner was negligent. The question here: did Giandon create the ice, or know about it in time to fix it?
This case shows that owning a building does not automatically make an owner liable for sidewalk ice. Even with leased-out property, an owner must have created the hazard or known about it in time to fix it. Injured people must provide evidence of that knowledge or fault. Without proof, a case against a property owner can be dismissed.
Talk to a licensed personal injury lawyer in New York.