Practice point: Single-family residential property owners are exempt from statutory liability for personal injury caused by the failure to maintain the sidewalk abutting their property in a reasonably safe condition, pursuant to Administrative Code of City of NY § 7-210[b].
Students should note, however, that there may be common-law liability absent a showing that they did not affirmatively cause or create the alleged defect in the sidewalk.
The case is Gilmartin v. City of New York , NY Dept. 2011
Tomorrow's issue is Landlord-Tenant Law.
