Hilpert v. Vill. of Tarrytown, 81 A.D.3d 781 (N.Y. App. Div. 2011). · Go Syfert
Hilpert v. Vill. of Tarrytown, 81 A.D.3d 781 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 1 distinct court.
Strongest positive: Palka v. Village of Ossining (nyappdiv, 2014-08-20)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Palka v. Village of Ossining
N.Y. App. Div. · 2014 · confidence medium
“Unless a statute or ordinance clearly imposes liability upon an abutting landowner, only a municipality may be held liable for the negligent failure to remove snow and ice from a public sidewalk” (Hilpert v Village of Tarrytown, 81 AD3d 781, 781 [2011]; see Smalley v Bemben, 12 NY3d 751 [2009]; Schwint v Bank St.
discussed Cited as authority (rule) Schron v. Jean's Fine Wine & Spirits, Inc.
N.Y. App. Div. · 2014 · confidence medium
On its separate motion for summary judgment dismissing the complaint, the lessee established, prima facie, that it did not create or exacerbate any dangerous condition on the sidewalk at the time of the injured plaintiffs fall (see Hilpert v Village of Tarrytown, 81 AD3d 781, 782 [2011]; Martin v RP Assoc., 37 AD3d 1017, 1018 [2007]; Krichevskaya v City of New York, 30 AD3d 471, 472 [2006]; Booth v City of New York, 272 AD2d 357, 358 [2000]).
discussed Cited as authority (rule) Schron v. Jean's Fine Wine & Spirits, Inc.
N.Y. App. Div. · 2014 · confidence medium
On its separate motion for summary judgment dismissing the complaint, the lessee established, prima facie, that it did not create or exacerbate any dangerous condition on the sidewalk at the time of the injured plaintiffs fall (see Hilpert v Village of Tarrytown, 81 AD3d 781, 782 [2011]; Martin v RP Assoc., 37 AD3d 1017, 1018 [2007]; Krichevskaya v City of New York, 30 AD3d 471, 472 [2006]; Booth v City of New York, 272 AD2d 357, 358 [2000]).
discussed Cited as authority (rule) David v. Chong Sun Lee
N.Y. App. Div. · 2013 · confidence medium
“Unless a statute or ordinance ‘clearly imposes liability upon’ an abutting landowner, only a municipality may be held liable for the negligent failure to remove snow and ice from a public sidewalk” (Smalley v Bemben, 12 NY3d 751, 752 [2009] [emphasis omitted], quoting Roark v Hunting, 24 NY2d 470, 475 [1969]; Marx v Great Neck Park Dist., 92 AD3d 925, 926 [2012]; Hilpert v Village of Tarrytown, 81 AD3d 781, 781 [2011]).
discussed Cited as authority (rule) David v. Chong Sun Lee
N.Y. App. Div. · 2013 · confidence medium
“Unless a statute or ordinance ‘clearly imposes liability upon’ an abutting landowner, only a municipality may be held liable for the negligent failure to remove snow and ice from a public sidewalk” (Smalley v Bemben, 12 NY3d 751, 752 [2009] [emphasis omitted], quoting Roark v Hunting, 24 NY2d 470, 475 [1969]; Marx v Great Neck Park Dist., 92 AD3d 925, 926 [2012]; Hilpert v Village of Tarrytown, 81 AD3d 781, 781 [2011]).
cited Cited as authority (rule) Diaz v. City of New York
N.Y. App. Div. · 2012 · confidence medium
Partnership, 305 AD2d 552 [2003]; cf. Smalley v Bemben, 12 NY3d 751 [2009]; Hilpert v Village of Tarrytown, 81 AD3d 781, 782 [2011]; Schwint v Bank St.
discussed Cited as authority (rule) Marx v. Great Neck Park District
N.Y. App. Div. · 2012 · confidence medium
“Unless a statute or ordinance clearly imposes liability upon an abutting landowner, only a municipality may be held liable for the negligent failure to remove snow and ice from a public sidewalk” (Hilpert v Village of Tarrytown, 81 AD3d 781, 781 [2011]; see Smalley v Bemben, 12 NY3d 751 [2009]; Schwint v Bank St.
Retrieving the full opinion text from the archive…
Thomas Hilpert
v.
Village of Tarrytown, and VCD Realty Corp.
Appellate Division of the Supreme Court of the State of New York.
Feb 15, 2011.
81 A.D.3d 781
Cited by 9 opinions  |  Published

In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Colabella, J.), entered December 22, 2009, as granted the motion of the defendant VCD Realty Corp. for summary judgment dismissing the complaint insofar as asserted against it, and (2), as limited by his brief, from so much of an order of the same court entered May 5, 2010, as, upon reargument, adhered to the original determination.

Ordered that the appeal from the order entered December 22, 2009, is dismissed, as the order was superseded by the order entered May 5, 2010, made upon reargument; and it is further,

Ordered that the order entered May 5, 2010, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the defendant VCD Realty Corp.

The Supreme Court properly granted the motion of the defendant VCD Realty Corp. (hereinafter VCD) for summary judgment dismissing the complaint insofar as asserted against it, as VCD established, prima facie, that while it undertook snow removal efforts on the sidewalk in question, it did not undertake snow removal efforts at the curb line where the plaintiff fell (see Archer v City of New York, 300 AD2d 518 [2002]). The record demonstrates that the Village of Tarrytown was responsible for snow removal in the streets, including along the curb line. In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]).

Even if the plaintiff fell on the sidewalk, it still would have been proper for the Supreme Court to award summary judgment to VCD. Unless a statute or ordinance clearly imposes liability upon an abutting landowner, only a municipality may be held liable for the negligent failure to remove snow and ice from a public sidewalk (see Smalley v Bemben, 12 NY3d 751 [2009]; Schwint v Bank St. Commons, LLC, 74 AD3d 1312 [2010]; Ferguson v Shu Ham Lam, 74 AD3d 870 [2010]; Braun v Weissman, 68 AD3d 797 [2009]; Bi Chan Lin v Po Ying Yam, 62 AD3d 740 [2009]). Although the Tarrytown Village Code requires an abutting landowner to remove snow and ice from abutting public sidewalks, it does not specifically impose tort liability for a breach of that duty (see Booth v City of New York, 272 AD2d 357 [2000]; Gohn v Hoffman, 248 AD2d 435 [1998]).

[*782] In the absence of a statute or ordinance imposing liability, the owner of property abutting a public sidewalk will be held liable only where it, or someone on its behalf, undertook snow and ice removal efforts which made the naturally occurring conditions more hazardous (see Schwint v Bank St. Commons, LLC, 74 AD3d 1312 [2010]; Ferguson v Shu Ham Lam, 74 AD3d 870 [2010]; Braun v Weissman, 68 AD3d 797 [2009]; Bi Chan Lin v Po Ying Yam, 62 AD3d 740 [2009]).

Here, VCD established that, while it did undertake snow removal efforts on the sidewalk, its snow removal activities did not create or exacerbate any dangerous condition on the sidewalk (see Krichevskaya v City of New York, 30 AD3d 471 [2006]; Friedman v Stauber, 18 AD3d 606 [2005]).

Upon reargument, the Supreme Court properly adhered to its original determination, as the plaintiff failed to show that it had overlooked or misapprehended any pertinent law or fact (see CPLR 2221 [d]; Krongauz v Rottenstein, 1 AD3d 486 [2003]; Pulsifer v Ardito, 305 AD2d 653 [2003]). Mastro, J.P., Dillon, Eng and Sgroi, JJ., concur.