Rodriguez's accident occurred in August of 2001, several years before New York City amended its sidewalk liability laws.
Prior to 2003, the City was responsible for public sidewalks, unless the landowner created the defective condition or undertook a "special use." If the latter could be shown, liability then shifted to the owner.
When the Bronx County Supreme Court denied Mona Corp's request to dismiss the case, the company appealed to the Appellate Division, First Department. Without evidence that the duty shifted to Mona, the AD1 was of the opinion the case should be dismissed. The store's use of the sidewalk for deliveries wasn't the kind of "use" which triggered liability under the law.
I say hey, hey Mona
I say yeah, yeah, yeah, yeah, Mona
To download a copy of the Appellate Division's decision, please use this link: Rodriguez v. City of New York and 250 Mona Corp.