The judge agreed with us that the homeowner made a special use of the driveway
The judge wrote: “The use of a sidewalk as a driveway constitutes a special use.” After ruling in our favor, the judge scheduled the case for a settlement conference. A month later, the case settled to the satisfaction of our client. The Full Decision and Order of the Court: SUPREME COURT OF THE STATE OF […]
Legal arguments to show the homeowner made a special use of the sidewalk
Introduction In a series of recent blog posts, found here and here, the attorneys at Martin + Colin, P.C. brought to your attention a new appeals court ruling which discussed the “special use” exception which imposes homeowner liability in slip and fall cases. In the legal papers reproduced below, we shared a recent legal analysis of […]
Settlement Demand for Client Who Slipped and Fell on Icy Sidewalk and Required Two Shoulder Surgeries
Introduction In a recent blog post, found here, the attorneys at Martin + Colin, P.C. brought to your attention a new appeals court ruling which discussed the special use exception to homeowner liability in slip and fall cases. As a further discussion of the “special use” exception, which imposes liability upon adjoining homeowners who make […]
Noteworthy new ruling in Trip and Fall Personal Injury Case
Topic – Homeowner Liability for a Defective Public Sidewalk Summary of New Decision In the case of Byrams v Hamilton, __ AD3d __, decided January 29, 2025, the Appellate Division, Second Department, reviewed an appeal from the defendants regarding a personal injury claim brought by the plaintiff. The trip and fall incident occurred on September […]
Car Insurance Requirements in New York
Every day, car accidents result in bodily injuries all across the State of New York. Here’s the figures: each year 10,500 Bronx County residents are treated at a hospital emergency room due to traffic related injuries. In Westchester, it’s 6,420 residents per year and 750 residents per year in Putnam County. How are these […]
