McCORMICK v. CITY OF NEW YORK

7456. 306837/13.

165 A.D.3d 565 (2018)

86 N.Y.S.3d 59

2018 NY Slip Op 07175

April McCormick, Appellant, v. City of New York, Defendant, and Serafina Reda, Respondent.

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

Decided October 25, 2018.


Plaintiff alleges that she tripped and fell over a gap between flagstones on a public sidewalk abutting property owned by Reda, and south of a bus shelter maintained by defendant City. Under Administrative Code of City of NY § 7-210, an abutting property owner has a duty to maintain the public sidewalk (Bronfman v East Midtown Plaza Hous. Co., Inc., 151 A.D.3d 639 [1st Dept 2017]), but the City continues to be responsible for...

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