James v. 1620 Westchester Avenue LLC

APPELLATE DIVISION
FIRST DEPARTMENT
Torts

New York Law Journal

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Justice Rosalyn Richter

James was hurt when she fell in a hole in a sidewalk along Morrison Avenue. Due to the triangular shape of 1620 Westchester Avenue's building, there is a triangular-shaped sidewalk area between 1620's building and Morrison Avenue. The sidewalk divides, one part parallels Morrison Avenue while the other runs at an angle alongside the building. An unpaved, grassy, triangular area between the two paved sections of sidewalk, is owned by New York City. However, no parcel intervenes between 1620's property and Morrison Avenue's curb line. First Department denied 1620's appeal from summary judgment's denial. The location of James's accident was within Administrative Code §19-901(d)'s definition of "sidewalk," thus making §7-210—transferring liability for defective sidewalks from the city to abutting property owners—applicable. Discussing Pardi v. Barone, First Department rejected 1620's claim that the grassy area was a separate "parcel of land" and "park area." There was no evidence that the grassy area was ever designated a park. Further, although the part of the paved sidewalk where James fell did not touch 1620's property line, it was part of a larger sidewalk area that "abut[ted]" 1620's property for purposes of ascribing liability under §7-210.

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