Custodi v. Town of Amherst

In Custodi v. Town of Amherst (20 NY3d 83 [NY 2012]) the question before the Court of Appeals was whether or not a plaintiff who was rollerblading on a sidewalk should be held to have assumed the risk of injury resulting from a two-inch height differential between the end of a driveway and the street, when she had to go around a vehicle blocking the sidewalk. The Court of Appeals concluded that the property owners owed the plaintiff the same duty of care to maintain their sidewalk in a reasonably safe condition as they would owe a pedestrian on the sidewalk.