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VUCETOVIC v. EPSOM DOWNS

10 N.Y.3d 517 (2008)

890 N.E.2d 191

860 N.Y.S.2d 429

DZAFER VUCETOVIC et al., Appellants, v. EPSOM DOWNS, INC., Respondent.

Court of Appeals of the State of New York.

Decided June 3, 2008.

Attorney(s) appearing for the Case

Roura & Melamed, New York City (Alexander J. Wulwick of counsel), for appellants.

Rebore Thorpe & Pisarello PC, Farmingdale (Timothy J. Dunn, III, of counsel), for respondent.

Michael A. Cardozo, Corporation Counsel, New York City (Francis F. Caputo and Susan Paulson of counsel), for City of New York, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

In this personal injury action, we conclude that a tree well is not part of the "sidewalk" for purposes of section 7-210 of the Administrative Code of the City of New York, which imposes tort liability on property owners who fail to maintain city-owned sidewalks in a reasonably safe condition. We therefore affirm the order of the Appellate Division dismissing the complaint.

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