Tuesday, June 10, 2014

The Sidewalk Law.

Practice point:  The Administrative Code of the City of New York § 7-210, the so-called Sidewalk Law, shifts tort liability for injuries arising from a defective sidewalk from the City to the abutting property owner. For purposes of the Code, a tree well is not part of the sidewalk, and so the Sidewalk Law does not impose civil liability on property owners for injuries that occur in city-owned tree wells.

Student note: Rules of City of New York Department of Transportation (34 RCNY) § 2-07(b) provides that the owners of covers or gratings on a street are responsible for monitoring the condition of the covers and gratings and the area extending 12 inches outward from the perimeter of the hardware, and for ensuring that the hardware is flush with the surrounding street surface, pursuant to 34 RCNY § 2-07[b];[3]. The definition of the term "street" includes the sidewalk.

Case:  Alexander v. City of New York, NY  Slip Op 03964 (2d Dept. 2014)

Here is the decision.

Tomorrow's issue: The limitations period as applied to an at-will employee's Article 78 petition.