Gibbons v. City of N.Y.
| Decision Date | 25 May 2016 |
| Docket Number | 2015-11694, Index No. 10826/12. |
| Citation | 2016 N.Y. Slip Op. 04019,139 A.D.3d 1004,30 N.Y.S.3d 843 (Mem) |
| Parties | Joseph GIBBONS, plaintiff-respondent, v. CITY OF NEW YORK, defendant-respondent, Kingston Heights, LLC, appellant. |
| Court | New York Supreme Court — Appellate Division |
139 A.D.3d 1004
30 N.Y.S.3d 843 (Mem)
2016 N.Y. Slip Op. 04019
Joseph GIBBONS, plaintiff-respondent,
v.
CITY OF NEW YORK, defendant-respondent,
Kingston Heights, LLC, appellant.
2015-11694, Index No. 10826/12.
Supreme Court, Appellate Division, Second Department, New York.
May 25, 2016.
Rebore, Thorpe & Pisarello, P.C., Farmingdale, NY (Joseph F. Pusateri and Michelle S. Russo of counsel), for appellant.
Marder, Eskesen and Nass, New York, NY (Leonard J. Wiener of counsel), for plaintiff-respondent.
Zachary W. Carter, Corporation Counsel, New York, NY (Janet L. Zaleon of counsel), for defendant-respondent (no brief filed).
In an action to recover damages for personal injuries, the defendant Kingston Heights, LLC, appeals from an order of the Supreme Court, Kings County (Genovesi, J.), dated October 9, 2015, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.
ORDERED that the order is reversed, on the law, with costs, and the motion of the defendant Kingston Heights, LLC, for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.
The plaintiff commenced this action to recover damages for injuries he allegedly sustained when he stepped on a raised cobblestone in a tree well in front of premises owned by the defendant Kingston Heights, LLC (hereinafter Kingston Heights). In the order appealed from, the Supreme Court denied Kingston Heights' motion for summary judgment dismissing
the complaint and all cross claims insofar as asserted against it.
Administrative Code of the City of New York § 7–210(a) places the duty to maintain a sidewalk in a reasonably safe condition on the owner of the property abutting the sidewalk, and provides for civil liability for injuries proximately caused by the failure to so maintain the sidewalk. However, the statute does not extend that duty of maintenance to City-owned tree wells or...
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...tree wells (see Vucetovic v. Epsom Downs, Inc. , 10 N.Y.3d 517, 521, 860 N.Y.S.2d 429, 890 N.E.2d 191 ; Gibbons v. City of New York , 139 A.D.3d 1004, 1004–1005, 30 N.Y.S.3d 843 ). Thus, liability may be imposed on the abutting landowner in such instances only where she or he has "affirmati......