HOWARD v. CITY OF NEW YORK

2011-09918.

95 A.D.3d 1276 (2012)

944 N.Y.S.2d 886

2012 NY Slip Op 4134

GEORGE HOWARD, Respondent, v. CITY OF NEW YORK, Defendant, and KATHRYN SMITH, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 30, 2012.


Ordered that the order is affirmed, with costs.

In 2003, the New York City Council enacted section 7-210 of the Administrative Code of the City of New York to shift tort liability for injuries resulting from defective sidewalks from the City to abutting property owners (see Vucetovic v Epsom Downs, Inc., 10 N.Y.3d 517, 519-520 [2008]). However, this liability shifting provision does not apply to "one-, two- or three-family...

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