A New York appellate court recently ruled on a personal injury case involving a sidewalk accident, impacting how liability is determined for property owners and construction companies. The case, Rojas v. 1388 Bushwick Ave, LLC, filed under docket number 2025-06451, centers around a plaintiff who fell on a sidewalk in Brooklyn, leading to a legal dispute over who is responsible for maintaining the sidewalk's safety.

The ruling, issued on September 30, 2026, by the Appellate Division of the Supreme Court of the State of New York, has significant implications for similar cases in the future. The court's decision modifies a previous ruling, affecting the liability of the property owner while affirming the dismissal of claims against the construction management company.

Background

The plaintiff, Felix Rojas, filed a lawsuit against 1388 Bushwick Ave, LLC, the property owner, and Atlas Builders, LLC, the construction management firm responsible for the site adjacent to where the accident occurred. Rojas claimed he sustained injuries due to a defect on the sidewalk maintained by the property owner. The case was brought before the Supreme Court of Kings County, where the defendants sought summary judgment to dismiss the claims against them.

In April 2025, the lower court ruled in favor of both defendants, granting their motions for summary judgment. Rojas subsequently appealed the decision, arguing that there were unresolved issues regarding the property owner's responsibility for maintaining the sidewalk in a safe condition.

The Ruling

The appellate court modified the lower court's ruling, particularly regarding the property owner, 1388 Bushwick Ave, LLC. The court stated that the owner failed to eliminate all triable issues of fact about whether the alleged defect on the sidewalk had existed long enough for them to have discovered and remedied it. The ruling noted, "the owner's submissions in support of its motion failed to eliminate all triable issues of fact as to whether the alleged defect had existed for a sufficient length of time for the owner to have discovered and remedied it."

As a result, the court denied the property owner's motion for summary judgment, allowing Rojas's claims against 1388 Bushwick Ave, LLC to proceed. However, the court upheld the dismissal of claims against Atlas Builders, LLC, stating that the construction firm did not assume a duty of care that would make it liable for the sidewalk's condition. The court explained, "Atlas established, prima facie, that its construction contract with the owner did not give it a comprehensive and exclusive obligation to maintain the property so as to entirely displace the owner's duty to keep the adjacent sidewalk in a reasonably safe condition."

Impact

This ruling has important implications for future personal injury cases involving sidewalk accidents in New York. It clarifies the responsibilities of property owners under the Administrative Code of the City of New York § 7-210, which requires owners to maintain sidewalks in a reasonably safe condition. The court emphasized that property owners cannot evade liability simply by claiming they were unaware of a defect; they must demonstrate that they had no constructive notice of the dangerous condition.

Additionally, the ruling reinforces the legal principle that construction companies are not automatically liable for sidewalk conditions unless they have taken on specific responsibilities that displace the property owner's duties. This distinction is crucial for determining liability in similar cases, potentially affecting how construction contracts are structured in the future.

What's Next

Following this ruling, the case will return to the lower court for further proceedings against 1388 Bushwick Ave, LLC. The defendants may still seek to appeal the decision, particularly regarding the court's findings on the property owner's liability. Details regarding any potential related cases were not available in the court filing.