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RODRIGUEZ v. CITY OF NEW YORK

48 A.D.3d 298 (2008)

851 N.Y.S.2d 511

ARACELIS RODRIGUEZ, Respondent, v. CITY OF NEW YORK et al., Defendants, and 250 MONA CORP., Doing Business as ASSOCIATED SUPERMARKET, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 19, 2008.

Plaintiff tripped and fell on a city sidewalk in front of defendant supermarket in August 2001. Prior to enactment of New York City Administrative Code § 7-210 in 2003, the duty to maintain public sidewalks rested with the City (Rodriguez v City of New York, 12 A.D.3d 282 [2004]), and an abutting landowner would be liable only if it had created the defective condition or made a special use of the sidewalk (Cobo v City of...

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