In Sachs v County of Nassau , a man was seriously injured on a sidewalk which bordered Petrina DeLuca's property and a Nassau County road.
After the Nassau County Supreme Court dismissed the case against the County, and allowed it to continue against DeLuca, an appeal to the Appellate Division, Second Department, followed.
The appellate court was of the view Nassau County established its entitlement to be let out of the dispute because local law required prior written notice of a defective condition before a lawsuit could be maintained -- and the County never received that notice.
Since a municipality can shift liability for a sidewalk's repair and maintenance to private owners of abutting property, and the Town of Oyster Bay had such a law in place, the AD2 thought DeLuca's dismissal request was properly denied because she had failed to show her sidewalk had been properly maintained.
Is that where the sidewalk ends ?
To view a copy of the Appellate Division's decision, please use this link: Sachs v County of Nassau