The Appellate Division affirmed the granting of plaintiffs' motion for partial summary judgment on liability for personal injuries sustained when a door in a construction fence opened out onto the sidewalk and struck plaintiff. As a matter of law, the door was negligently installed insofar as it swung outward and was not recessed back from the sidewalk. Administrative Code of City of NY § 7-210 imposes a nondelegable duty on a property owner to maintain the sidewalk abutting its property in a reasonably safe condition. The striking hazard posed by a door opening across a sidewalk implicates this provision.
Spielmann v. 170 Broadway NYC LP, NY Slip Op 05608 (1st Dep't October 8, 2020)
