Practice point: Since the defendants' property, a two-family house, was owner-occupied
and used exclusively for residential purposes, the defendants were
exempt from liability imposed pursuant to Administrative Code of the
City of New York § 7-210(b) for negligent failure to remove snow and ice
from the sidewalk. Thus, the defendants may be held liable for a hazardous snow and ice
condition on the sidewalk only if they undertook snow and ice removal
efforts that made the naturally occurring condition more hazardous or
caused the defect to occur because of a special use.
Student note: Unless one of these factors is present, an abutting owner of a
two-family residence may not be held liable for the removal of snow and
ice in an incomplete manner.
Case: Rodrigo Texis Cuapio v. Skrodzki, NY Slip Op 03293 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Ambiguous writings.
