The issue in this slip and fall case is who was responsible for making sure a sidewalk was clear of hazards by properly clearing snow.
Plaintiff Garcia, who was 50-years old at the time of the accident, was seriously injured after stepping off a NYCTA bus in the early afternoon of February 9, 2004. After stepping off the bus and taking a few steps, she slipped on the ice at the bus stop and suffered a fracture that required surgery and pinning. In addition, she suffered multiple disc herniations. The bus stop was located directly in between abutting premises at 1871 and 1873 Amsterdam Avenue. The owner of 1871 Amsterdam Avenue is defendant Moy Realty, and the owner of 1873 Amsterdam Avenue is defendant Amsterdam Realty. The accident occurred after the implementation of the new sidewalk law, Administrative Code of the City of New York (NYCAC) § 7-210, which now places the burden on the abutting landowner to maintain the sidewalk in a safe condition from the building to the street curb.
Based on the serious injuries she suffered from slipping and falling on the ice, Plaintiff Garcia filed a personal injury lawsuit and named several defendants: Moy Realty, Amsterdam Realty, the City of New York, the New York City Transit Authority (NYCTA), and Manhattan and Bronx Surface Transit Operation Authority (MABSTOA). The defendants filed motions for summary judgment dismissing the claim.