After she tripped and fell on a defective sidewalk in front of a home's detached garage, Francisca B. filed suit.
The Kings County Supreme Court and the Appellate Division, Second Department, both agreed that the case couldn’t be dismissed, and had to proceed to trial, because the owners hadn't established that a statutory exemption (applicable to one-, two–or three-family homes) governed.
(Among other things, the defendants hadn’t shown that they actually occupied the property--one of the exemption’s requirements.)
Now that wasn’t homey.
To view a copy of the Appellate Division’s decision, please use this link: B v Quinn