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Code Provision Which Requires Abutting Landowners to Keep a Sidewalk in Good Repair Does Not Impose Tort Liability on the Abutting Landowner for Failure to Do So (Absent Specific Language to that Effect)

The Second Department explained that village code provision which required abutting landowners to keep a sidewalk in good repair did not impose tort liability for the landowner’s failure to do so:

Unless a statute or ordinance clearly imposes liability upon an abutting landowner, only a municipality may be held liable for the negligent failure to maintain a public sidewalk … . Although the Code of the Village of Great Neck Plaza requires an abutting landowner to keep a sidewalk in good and safe repair, it does not specifically impose tort liability for a breach of that duty … .

The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that it was an abutting landowner which could not be held liable under the Code of the Village of Great Neck for negligent failure to maintain the public sidewalk … . Ahdout v Great Neck Park Dist, 2015 NY Slip Op 00710, 2nd Dept 1-28-15

 

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