Corbett v. City of New York, 87 N.Y.2d 923 (1996)
A municipality is not liable to firefighters under General Municipal Law § 205-e for injuries sustained due to defective sidewalks unless a statute or ordinance imposes a specific affirmative duty on the municipality to maintain the sidewalks.
Summary
This case addresses whether New York City could be held liable to firefighters under General Municipal Law § 205-e for injuries sustained due to a defective sidewalk. The Court of Appeals held that the City was not liable because the cited provisions of the New York City Charter and Administrative Code concerned only the duty of adjacent landowners to repair defective sidewalks and did not impose an affirmative duty on the City to keep its sidewalks in good repair. The provisions were permissive rather than mandatory, and therefore could not form the basis for a cause of action under General Municipal Law § 205-e.
Facts
The plaintiffs, firefighters, sought to recover damages from the City of New York under General Municipal Law § 205-e for injuries allegedly sustained as a result of defective sidewalks. Their claim was based on the assertion that the City violated its duty to maintain its sidewalks in a safe condition, as allegedly imposed by section 2904 of the New York City Charter and section 19-152 of the Administrative Code of the City of New York.
Procedural History
The plaintiffs brought suit against the City of New York. The lower courts ruled against the plaintiffs. The case then reached the New York Court of Appeals.
Issue(s)
Whether section 2904 of the New York City Charter and section 19-152 of the Administrative Code of the City of New York impose an affirmative duty on the City to keep its sidewalks in good repair, such that a violation of those provisions could form the basis for a cause of action under General Municipal Law § 205-e.
Holding
No, because the cited provisions concern only the duty of adjacent landowners and are permissive rather than mandatory. They do not create a specific, affirmative duty on the City to maintain sidewalks, and thus cannot support a claim under General Municipal Law § 205-e.
Court’s Reasoning
The Court of Appeals reasoned that the plaintiffs’ reliance on section 2904 of the New York City Charter and section 19-152 of the Administrative Code of the City of New York was misplaced. These provisions primarily address the duty of adjacent landowners to repair defective sidewalks and the procedures the City may use to enforce that duty. The court emphasized that neither provision imposes an explicit affirmative duty on the City to maintain its sidewalks.
The court further noted that the language of Administrative Code § 19-152 uses permissive language, stating that the Commissioner of Transportation