Guzman v. West River Associates, LLC, 26 N.Y.3d 794 (2016)
Under NYC Admin. Code § 7-210, an abutting landowner can be liable for a sidewalk defect if its failure to maintain the sidewalk in a reasonably safe condition is a proximate cause of the injury, even if the defect is on a neighboring property.
Summary
The New York Court of Appeals addressed the scope of liability for sidewalk defects under New York City Administrative Code § 7-210. The plaintiff tripped on a raised expansion joint on a sidewalk adjacent to properties owned by different defendants. The Court held that a landowner’s liability isn’t limited to defects directly abutting their property; instead, it can extend to situations where their failure to maintain their own abutting sidewalk proximately causes the injury, even if the specific defect causing the fall is on a neighbor’s property. The Court reversed the lower court decisions that had focused solely on the location of the defect, emphasizing that the duty under the statute is to maintain the sidewalk in a reasonably safe condition, not just to avoid defects on one’s own property.
Facts
Plaintiff tripped and fell on a raised expansion joint on a New York City sidewalk. The sidewalk flag sloped downward, and the expansion joint abutted a property owned by the Mercados, not West River Associates, LLC. The plaintiff sued West River, alleging a violation of NYC Admin. Code § 7-210. West River moved for summary judgment, arguing the defect was not on their property. The Mercados argued most of the sunken flag was on West River’s property. The trial court granted West River’s motion, a decision affirmed by the Appellate Division, which held West River had no duty to maintain the sidewalk because the defect was not on their abutting property.
Procedural History
The Supreme Court granted West River’s motion for summary judgment, dismissing the complaint, based on the Appellate Division’s interpretation of § 7-210 in Montalbano v. 136 W. 80 St. CP. The Appellate Division affirmed. The New York Court of Appeals granted plaintiff leave to appeal.
Issue(s)
Whether West River, as an abutting landowner, could be liable for plaintiff’s injuries under NYC Admin. Code § 7-210 when the specific defect causing the injury (the expansion joint) was located on a neighboring property.
Holding
Yes, because under NYC Admin. Code § 7-210, an abutting landowner’s liability extends to situations where their failure to maintain their own abutting sidewalk proximately caused the injury, even if the specific defect causing the fall is located on a neighbor’s property.
Court’s Reasoning
The court found that the lower courts had misinterpreted NYC Admin. Code § 7-210 by imposing a