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THE DEFENDANTS DEMONSTRATED THE CITY DID NOT NOTIFY THEM OF THE NEED TO REPAIR THE ABUTTING PUBLIC SIDEWALK AND THEREBY DEMONSTRATED THEY HAD NO STATUTORY DUTY TO REPAIR THE SIDEWALK; DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT IN THIS SLIP AND FALL CASE PROPERTY GRANTED (SECOND DEPT).

The Second Department determined defendant abutting property owner demonstrated it was not responsible for the repair of any alleged defects in the public sidewalk in this slip and fall case. The city code imposed liability only if the landowner was notified of the need for repair:

Section 167-50(A) of the Code of the City of Rye provides that “[i]t shall be the duty of the Department of Public Works to require the owner of property abutting upon a street to repair or replace any sidewalk in front thereof that is required to be repaired or replaced,” and “[w]here the owner of such property shall fail to neglect to repair or replace such sidewalk for five days after notice to do so has been served upon the owner . . . the Department of Public Works shall repair or replace such sidewalk, and a statement of 100% of the cost incurred thereby shall be served upon the owner.” Section 167-50(B) imposes tort liability upon landowners for injuries resulting “from the failure of any owner or other responsible person to comply with the provisions of this section.” … [Defendants] established [they did not receive] notice from the Department of Public Works requiring them to perform sidewalk repairs. Accordingly, the … defendants demonstrated, prima facie, that they had no statutory duty to repair the sidewalk …  The … defendants’ submissions also demonstrated, prima facie, that … the … defendants [did not create] the defective condition that allegedly caused the injured plaintiff’s fall … . DeBorba v City of Rye, 2020 NY Slip Op 04147, Second Dept 7-22-20

 

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