Practice point: Administrative Code of the City of New York § 7-210, which
became effective on September 14, 2003, shifted tort liability for
injuries arising from a defective sidewalk from the City of New York to
the abutting property owner. However, a tree well is not part of the
sidewalk for purposes of that Code section.
Student note: Generally, liability for injuries sustained as a result of a
dangerous condition on a public sidewalk is placed on the municipality,
and not on the owner of the abutting land.
Case: Avezbakiyev v. Champion Commons, LLC, NY Slip Op 07966 (2d Dept. 2014)
Here is the decision.
Monday's issue: The heightened pleading standard for fraud.
