RAMONA ORTIZ, Respondent-Appellant,
v.
CITY OF NEW YORK, Respondent-Appellant, and 240 WEST 98TH STREET ASSOCIATES et al., Appellants-Respondents.
RAMONA ORTIZ, Respondent,
v.
CITY OF NEW YORK, Respondent, and 240 WEST 98TH STREET ASSOCIATES et al., Appellants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided August 25, 2009.
Decided August 25, 2009.
Attorney(s) appearing for the Case
Flynn, Gibbons & Dowd, New York City (Ann Teresa McIntyre of counsel), for 240 West 98th Street Associates and another, appellants-respondents/appellants.
Michael A. Cardozo, Corporation Counsel, New York City (Deborah A. Brenner and Barry P. Schwartz of counsel), for municipal respondent-appellant/respondent.
Brian J. Isaac, New York City, and Gersowitz, Libo & Korek, P.C., New York City (Edward H. Gersowitz and Julie T. Mark of counsel), for Ramona Ortiz, respondent-appellant/respondent.
SAXE and FREEDMAN, JJ., concur with ACOSTA, J.; TOM, J.P., and SWEENY, J., dissent in part in a separate opinion by SWEENY, J.
Appellate Division of the Supreme Court of New York, First Department.
OPINION OF THE COURT
ACOSTA, J.
At issue in this case is whether a corner pedestrian ramp leading down a sidewalk onto the street is part of the "sidewalk" for purposes of Administrative Code of the City of New York § 7-210, which imposes tort liability on property owners who fail to maintain City-owned sidewalks in a reasonably safe condition. We hold that section 7-210 does not impose tort liability on abutting...
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