BOWE v. VALENTINE

Docket No. 26968/16E. Appeal No. 14023. Case No. 2020-03051.

195 A.D.3d 463 (2021)

144 N.Y.S.3d 864

2021 NY Slip Op 03543

Monique J. Bowe, Appellant, v. Oliva Valentine, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 8, 2021.


Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York ( Scott T. Horn of counsel), for appellant.

Devitt Spellman Barrett, LLP, Smithtown ( Christi M. Kunzig of counsel), for respondent.

Concur—Kapnick, J.P., Singh, Moulton, González, JJ.


Defendant established entitlement to summary judgment pursuant to the homeowner exemption codified in Administrative Code of City of NY § 7-210(b). Plaintiff failed to raise an issue of fact as to whether defendant created the alleged hazardous condition through any special use where plaintiff testified that the accident occurred on the sidewalk adjacent to, but not on, the area used as a driveway, or that any alleged special use contributed to the hazardous condition...

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