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Compliance With the Rules of the City of New York (RCNY) Re: a Sidewalk Vault Cover Did Not Override Cable Company’s General Duty Not to Create a Hazardous Condition

Plaintiff tripped on a sidewalk in front of defendant’s (Palm Beach’s) property in the vicinity of a vault cover installed by defendant cable company (Cablevision).  The Second Department determined the causes of action against both defendants properly survived summary judgment. There was no showing Palm Beach did not have constructive notice of the condition. Cablevision argued that dismissal was warranted because it had complied with the Rules of the City of New York (RCNY) concerning sidewalk installations.  Supreme Court properly held that the duties imposed by the regulations were in addition to the generally duty not to create a hazardous condition:

Contrary to the contention of the Cablevision defendants, they cannot be absolved of such liability by either the “guarantee period” set forth in 34 RCNY 2-11(e)(16)(ii) (“Permittees shall be responsible for permanent restoration and maintenance of street openings and excavations for a period of three years on unprotected streets”) or the 12-inch rule set forth in 34 RCNY 2-07(b)(1) and (2) (requiring owners of covers or gratings to “monitor[ ] the condition of the covers and gratings and the area extending twelve inches outward from the perimeter of the hardware” and to “replace or repair” any defective cover or grating and any defective street condition found within twelve inches of the cover or grating). As the Supreme Court correctly concluded, the regulations relied on by the Cablevision defendants impose upon them a duty to maintain their vault and the surrounding area that is separate from, and in addition to, their duty not to create hazardous conditions … . Shehata v City of New York, 2015 NY Slip Op 04305, 2nd Dept 5-20-15

 

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