While riding his bicycle, Jason Weinberg hit a piece of wood that was allegedly sticking out of some garbage bags that covered most of a sidewalk. Yet, when he later filed suit, the Kings County Supreme Court decided to throw his case out.
But on appeal, the Appellate Division, Second Department, thought that dismissal had been premature--particularly given unresolved questions as to whether the sidewalk had been properly maintained or a "dangerous condition" had been created by the property's personnel.
They stuck it to them.
To view a copy of the Appellate Division's decision, please use this link: Weinberg v. 2345 Ocean Assoc., LLC