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Fourth Department – Premises liability: Piotrowski v. Town of Cheektowaga
Daily Record Staff//January 29, 2025//
Fourth Department – Premises liability: Piotrowski v. Town of Cheektowaga
Daily Record Staff//January 29, 2025//
Listen to this articleNew York State Supreme Court, Appellate Division, Fourth Judicial Department
Premises liability — Sidewalk defects — Abutting property owners
Piotrowski v. Town of Cheektowaga
CA 23-01807
Appealed from Supreme Court, Erie County
Background: The plaintiff commenced an action seeking to recover damages when his foot became stuck on a sidewalk curb ramp, and he fell. The defendants appealed from the denial of their motions for summary judgment.
Ruling: The Appellate Division granted the cross motion of the abutting property owner defendants and dismissed the claims against them. The court noted that evidence established that the abutting property owner defendants did not build the ramp, nor was the defect created by them.
Kevin E. Loftus, of Chelus, Herdzik, Speyer & Monte, and Jill R. Roloff, of Rupp Pfalzgraf, for the defendants-appellants; Kristin A. Tisci, of Gibson, Mcaskill & Crosby, for the plaintiff-respondent.
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