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Rodgers v. City of New York – Case Brief Summary (New York)

In Rodgers v. City of New York, 34 AD3d 555, 824 N.Y.S.2d 179 (2nd Dept 2006), plaintiff alleged that he slipped and fell in a hole in front of 751 Union Street.

In that case, the Appellate Division granted summary judgment dismissing the complaint against the owner of 753 Union Street, and stated:

"Generally, liability for a dangerous condition on real property must be predicated upon occupancy, ownership, control or special use of the premises .... The appellant established a prima facie case that she owed no duty to the plaintiff by submitting an affidavit indicating that she owned the property at 753 Union Street, that she did not contract for any utility or sidewalk work at 751 Union Street on or before the date from the accident, that she had not derived any special uses of the sidewalk in front of either 751 or 753 Union Street, and that she did not create a defect or hazardous condition on the sidewalk located in front of either address."