Administrative Code of the City of New York § 7-210, which became effective September 14, 2003, shifted tort liability for injuries arising from a defective sidewalk from the City of New York to the abutting property owner. Administrative Code § 7-210(a) imposes a duty upon owners to maintain the sidewalk abutting their property in a reasonably safe condition. On a motion for summary judgment, a defendant property owner is required to do more than simply demonstrate that the alleged defect was on another landowner's property. The property owner must establish that it maintained the portion of the sidewalk abutting its own property in a reasonably safe condition or that any failure to do so was not a proximate cause of the plaintiff's injuries.
Santiago v. 527 Grand, LLC, NY Slip Op 05999 (2d Dep't November 27, 2024)
