Case Law Summaries

Rodenbough v. Rasul

• Opinion Date: October 13, 1998
• Real Property Law
• E-Mail

SIDEWALKS; LIABILITY—For the purpose of making an abutting property owner responsible for sidewalk maintenance, the leasing of a single-family house to a residential tenant does not transform the nature of use from residential to commercial.

A pedestrian slipped and fell on snow and ice on a sidewalk located in front of a single-family home that was leased to tenants who resided in the house. By the terms of the lease, the resident-tenants agreed to clear the sidewalk of snow and ice. The lower court dismissed the case. The sole question for appeal was: “[whether] the leasing of a single-family [residential] property transforms the nature of the use from residential to commercial?” The Appellate Division affirmed the lower court’s holding that such property is not so transformed.

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