GILMARTIN v. CITY OF NEW YORK

4150, 15268/07.

81 A.D.3d 411 (2011)

915 N.Y.S.2d 556

KEVIN GILMARTIN, Respondent, v. CITY OF NEW YORK et al., Defendants, and JOHN O'GRADY et al., Appellants.

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

Decided February 1, 2011.


Defendants established that they are the owners of a single-family residential property and are therefore exempt from statutory liability for personal injury caused by the failure to maintain the sidewalk abutting their property in a reasonably safe condition (see Administrative Code of City of NY § 7-210 [b]). However, they failed to establish their freedom from common-law liability by showing that they did not affirmatively cause or create the alleged defect...

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