Sean McGuire sued after he fell under a scaffold bridge in front of a building owned by 3901 Independence Owners, Inc.
Although McGuire alleged that 3901 had created a dangerous condition, by allowing water to accumulate beneath the scaffolding during a rainstorm, he admitted that when he slipped there were no puddles and barely enough water to make a "splash."
After the Bronx County Supreme Court granted the owner's request to dismiss the case, McGuire appealed.
Since "mere wetness" isn't considered a dangerous condition, and no safety standards were shown to have been violated, the Appellate Division, First Department, agreed that McGuire didn't have a case.
Wasn't that a declaration of Independence?
To view a copy of the Appellate Division's decision, please use this link: McGuire v. 3901 Independence Owners, Inc.