A New York appellate court has upheld a lower court's decision to dismiss a personal injury lawsuit involving a woman who tripped and fell on a sidewalk next to a café. The ruling, issued on May 5, 2026, affects the liability of businesses operating on public sidewalks and clarifies the responsibilities of property owners and tenants regarding sidewalk maintenance.

The case, Garrido v. 200 Lenox Ave., LLC, centers around plaintiff Madalina Garrido, who alleges that she tripped over a crack on the public sidewalk outside Barawine LLC, a restaurant with a sidewalk café. The court's decision is significant as it addresses the legal standards for liability in sidewalk injury cases.

Background

The plaintiffs in this case are Madalina Garrido and her associates, who filed the lawsuit against Barawine LLC and the building's owner, 200 Lenox Avenue, LLC. The incident occurred on September 21, 2020, when Garrido claims she fell due to a crack in the sidewalk that was located next to a tree well in front of Barawine's outdoor dining area.

Garrido contended that Barawine's use of the sidewalk forced her to walk over the defective middle section of the sidewalk, as the other lanes were obstructed by a tree well and the café's tables and chairs. The case was initially heard in the Supreme Court of New York County, where the judge ruled in favor of Barawine LLC, stating that the café was not liable for the accident.

The Ruling

The Appellate Division of the Supreme Court of New York affirmed the lower court's ruling, agreeing with the decision to grant summary judgment in favor of Barawine LLC. The court found that Barawine had established its entitlement to judgment as a matter of law by presenting evidence that it was not responsible for maintaining the sidewalk.

The court ruled, "Barawine established its prima facie entitlement to judgment as a matter of law by submitting its lease with the building's owner, stating that Barawine was not responsible for maintenance and repair of the sidewalk."

Additionally, the court noted that an expert engineer's affidavit supported Barawine's position, indicating that there was sufficient clearance for Garrido to navigate around the alleged defect. The court also highlighted that Garrido's own testimony did not provide a clear reason for her fall, stating that she merely indicated her foot got stuck in a crack.

Impact

This ruling has implications for personal injury claims related to sidewalk accidents, particularly those involving businesses that utilize public sidewalks for outdoor dining. The court's decision clarifies that a business may not be held liable for injuries occurring on a sidewalk if they can demonstrate that they are not responsible for its maintenance.

Furthermore, the ruling sets a precedent that emphasizes the importance of clear evidence in personal injury cases. The court pointed out that the plaintiffs failed to raise a triable issue of fact and that their own evidence did not support their claims about the accumulation of tables and chairs affecting Garrido's path.

What's Next

While the decision from the Appellate Division is final, the plaintiffs have the option to seek further review from the New York Court of Appeals. However, details on any potential appeal were not provided in the court filing. This case serves as a reminder for individuals to carefully document incidents and gather substantial evidence when pursuing personal injury claims.