10 N.Y.3d 517 (2008)
A tree well is not considered part of the “sidewalk” under section 7-210 of the New York City Administrative Code, and therefore, abutting property owners are not liable for injuries sustained within a tree well.
Summary
Plaintiff Dzafer Vucetovic tripped and fell in a tree well located in front of defendant Epsom Downs, Inc.’s property in New York City. He sued, alleging that Epsom Downs failed to maintain the sidewalk in a reasonably safe condition as required by section 7-210 of the NYC Administrative Code. The Court of Appeals held that a tree well is not part of the “sidewalk” as defined by the code. Therefore, Epsom Downs was not liable for the plaintiff’s injuries. The Court emphasized that statutes creating liability where none previously existed must be strictly construed. The decision clarifies the scope of property owner liability under NYC Administrative Code section 7-210.
Facts
On January 31, 2004, Dzafer Vucetovic tripped in a tree well located in front of a building owned by Epsom Downs, Inc., on East 58th Street in Manhattan. The tree well contained a tree stump and was surrounded by cobblestones. The City of New York had removed the tree approximately four months prior to the incident. Vucetovic sued Epsom Downs, claiming the property owner failed to maintain the sidewalk in a reasonably safe condition in violation of section 7-210 of the Administrative Code of the City of New York.
Procedural History
The Supreme Court granted Epsom Downs’ motion for summary judgment, dismissing the complaint. The Appellate Division affirmed the Supreme Court’s decision. The plaintiff appealed to the New York Court of Appeals based on a two-Justice dissent in the Appellate Division.
Issue(s)
Whether a tree well is considered part of the “sidewalk” for the purposes of section 7-210 of the Administrative Code of the City of New York, thereby imposing tort liability on the abutting property owner for injuries sustained within the tree well.
Holding
No, because section 7-210 of the Administrative Code of the City of New York does not impose civil liability on property owners for injuries that occur in city-owned tree wells, as tree wells are not considered part of the “sidewalk” under the statute.
Court’s Reasoning
The Court of Appeals strictly construed section 7-210, noting that statutes creating liability where none previously existed must be narrowly interpreted. The Court observed that sections 19-152 and 16-123 of the Administrative Code, which address sidewalk maintenance and repair, do not mention tree wells. The language of section 7-210 mirrors the duties and obligations of property owners set forth in sections 19-152 and 16-123. The Court reasoned that because the City Council did not specifically address tree wells in the statute or its legislative history, it did not intend to shift liability for tree well accidents to abutting landowners. The Court highlighted that the Department of Parks and Recreation has exclusive jurisdiction over trees in city streets, further suggesting that liability for tree-related issues does not automatically fall on the adjacent property owner. As stated by the court, “legislative enactments in derogation of common law, and especially those creating liability where none previously existed,” must be strictly construed.