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LOCARIO v. STATE OF NEW YORK

5979, 114700.

90 A.D.3d 547 (2011)

935 N.Y.S.2d 20

2011 NY Slip Op 9188

SHIRLEY ROSE LOCARIO, Respondent, v. STATE OF NEW YORK, Appellant.

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

Decided December 20, 2011.

In 2003, section 7-210 was added to the Administrative Code of the City of New York (Local Law No. 49 [2003] of City of New York § 1). Subject to exceptions that do not apply here, section 7-210 shifted tort liability for the negligent failure to maintain sidewalks in a reasonably safe condition from the City to abutting property owners. The issue on this appeal is whether the State of New York can be held liable under section 7-210 as an abutting landowner. The State...

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