Schmidt v. City of New York and Matthew and Tara Vigh
In Schmidt, plaintiff tripped and fell on a sidewalk abutting Matthen and Tara Vigh’s home in Queen, New York. As a result of the incident, plaintiff sustained a fracture of the right humeral neck.
Upon the close of discovery, Philip Odett filed a motion for summary judgment pursuant to New York City Administrative Code §7-210. According to New York City Administrative Code §7-210, owners of single family, owner occupied homes are not responsible for the sidewalks unless they cause or create a defective condition. Mr. Odett successfully argued before Judge Flug that his clients were not liable to plaintiff pursuant to New York City Administrative Code §7-210 as they did not create the defective condition on the sidewalk. Judge Flug concurred with Mr. Odett’s argument and granted summary judgment in favor of Matthew and Tara Vigh.