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CALLAN v. CITY OF NEW YORK

17 Misc.3d 248 (2007)

841 N.Y.S.2d 196

JOHN CALLAN, Plaintiff, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, Kings County.

June 29, 2007.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel (Shirleen Mendez and Harry P. Panagos of counsel), for City of New York, defendant.

John C. Dearie & Associates (Michael J. Croce of counsel), for plaintiff.

OPINION OF THE COURT

ALLEN HURKIN-TORRES, J.

Section 7-210 of the Administrative Code of the City of New York, which became effective on September 14, 2003, shifted liability for accidents occurring on New York City sidewalks to the owners of the property abutting the sidewalk. The question presented here is whether a private property owner is responsible for an accident occurring in a tree well located on the sidewalk. While no appellate court has ruled...

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