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JACQUES v. CITY OF NEW YORK

88 N.Y.2d 920 (1996)

669 N.E.2d 1109

646 N.Y.S.2d 787

Daniel St. Jacques et al., Appellants, v. City of New York, Respondent. Larry J. Wiltbank et al., Appellants, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided June 6, 1996.

Attorney(s) appearing for the Case

Lysaght, Lysaght & Kramer, P. C., Lake Success (Joseph L. Decolator, John V. Decolator and Michael Majewski of counsel), for appellants.

Paul A. Crotty, Corporation Counsel of New York City (Barry P. Schwartz, Leonard Koerner, Stephen J. McGrath and Mordecai Newman of counsel), for respondent.

Sullivan & Liapakis, P. C., New York City (Michael N. Block, Marshall M. Kolba and Stephen C. Glasser of counsel), for Uniformed Firefighters' Association and another, amici curiae.

Edward D. Peace, Corporation Counsel of City of Buffalo (Susan P. Wheatley of counsel), for State of New York and others, amici curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In support of their General Municipal Law § 205-e causes of action against New York City, plaintiffs relied solely on section 2904 of the New York City Charter and section 19-152 of the Administrative Code of the City of New York. Those provisions, however, concern only the duty of adjacent landowners to repair defective sidewalks...

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