Wednesday, February 8, 2017

Liability for injuries arising from a defective sidewalk, and city-owned tree wells.

Practice point:  Effective September 14 2003, Administrative Code of the City of New York § 7-210 shifted tort liability for injuries arising from a defective sidewalk from the City to the abutting property owner, absent certain exceptions. A tree well does not fall within the applicable Administrative Code definition of "sidewalk" and, thus, section 7-210 does not impose civil liability on property owners for injuries that occur in city-owned tree wells.

Case:  Antonyuk v. Brightwater Towers Condo Homeowners' Assn., Inc., NY Slip Op 00619 (2d Dep't February 1, 2017)

Here is the decision.

Tomorrow's issue:  An expert's affidavit in a medical malpractice action.