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New York New York City Administrative Code(new) - Chapter 2 - § 7-210 Liability of Real Property Owner for Failure to Maintain Sidewalk in a Reasonably Safe Condition

Legal Research Home > New York Laws > New York New York City Administrative Code(new) (ADC) > New York New York City Administrative Code(new) - Chapter 2 - § 7-210 Liability of Real Property Owner for Failure to Maintain Sidewalk in a Reasonably Safe Condition

New York City Administrative Code(NEW) 
 
    §  7-210  Liability  of  real  property  owner for failure to maintain
  sidewalk in a reasonably safe condition. a. It shall be the duty of  the
  owner of real property abutting any sidewalk, including, but not limited
  to,  the  intersection  quadrant  for  corner property, to maintain such
  sidewalk in a reasonably safe condition.
    b. Notwithstanding any other provision  of  law,  the  owner  of  real
  property  abutting  any  sidewalk,  including,  but  not limited to, the
  intersection quadrant for corner  property,  shall  be  liable  for  any
  injury  to  property  or  personal  injury, including death, proximately
  caused by the failure of such owner  to  maintain  such  sidewalk  in  a
  reasonably  safe  condition.  Failure  to  maintain  such  sidewalk in a
  reasonably safe condition shall include, but  not  be  limited  to,  the
  negligent  failure to install, construct, reconstruct, repave, repair or
  replace defective sidewalk flags and the  negligent  failure  to  remove
  snow,  ice,  dirt  or other material from the sidewalk. This subdivision
  shall not apply to one-, two- or three-family residential real  property
  that  is  (i)  in  whole  or  in  part,  owner  occupied,  and (ii) used
  exclusively for residential purposes.
    c. Notwithstanding any other provision of law, the city shall  not  be
  liable  for  any injury to property or personal injury, including death,
  proximately caused by the failure  to  maintain  sidewalks  (other  than
  sidewalks  abutting one-, two- or three-family residential real property
  that is (i)  in  whole  or  in  part,  owner  occupied,  and  (ii)  used
  exclusively  for  residential  purposes) in a reasonably safe condition.
  This subdivision shall not be construed to apply to the liability of the
  city as a property owner pursuant to subdivision b of this section.
    d. Nothing in this section shall in any way affect the  provisions  of
  this  chapter  or of any other law or rule governing the manner in which
  an action or proceeding against the city  is  commenced,  including  any
  provisions requiring prior notice to the city of defective conditions.

Last modified: March 9, 2013