You have to consult a NY lawyer but generally the sidewalk would not be covered by homeowner's insurance or be the responsibility of the homeowner.
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In some states, there are laws and in some cities or counties there are ordinances that make the adjoining property owner liable for sidewalk defects. In those cases, the public entity is liable if it's a public sidewalk, and the homeowner can be too.
You should consult a lawyer in Long Island. Typically the walkway in front of the home is owned by the homeowner so the home owner would be responsible. I have dealt with cases like these, however, where upon doing some discovery it was discovered the walkway was actually part maintained by the home owner's association. If there was maintenance to the walkway, it may be that someone else is responsible as well. Some times there are instances where the neighbor's actions are the cause for an injury or other damages that happened in the walkway as well.
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First, there has to be negligence -- something had to be "wrong" with the walkway that caused your fall. Second there has to be liability -- that the person or entity responsible for the walkway created or unreasonably allowed the hazard to exist. The walkway could be the homeowner's responsibility, the HOA, the city, the county, a maintenance entity, etc. Each of these has their own hoops to jump through, with various laws and insurance coverages likely in effect. There is no way around it . . . you must consult with an attorney in NY to determine what rights you may have. And as one attorney answered to your prior question, you may have a very limited time to do so as Long Island seems to have some specific laws for this type of situation. Do not delay, call or email a NY attorney directly ASAP.
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