In this action to recover damages for injuries sustained by plaintiff when they tripped and fell on a broken portion of a “drop curb” adjacent to a private residential property, the Appellate Division, Second Department, in accordance with the Horn Appellate Group’s arguments on appeal, determined that although liability did not shift to Defendant, which owned and occupied the private residence, it failed to demonstrae prima facie that the defect did not occur through its special use of the defective area as a driveway.
