Abutting Property Owners Not Liable for Falls in Sidewalk Tree Wells (NYC)

The Second Department noted that, pursuant to the New York City Administrative Code, abutting property owners are not responsible for falls within city-owned tree wells (within sidewalks). Defendant’s motion for summary judgment should have been granted:

The [defendant] argued that it could not be held liable under § 7-210 of the Administrative Code of the City of New York (hereinafter the Administrative Code), which imposes tort liability on abutting property owners for the failure to maintain city-owned sidewalks in a reasonably safe condition, because the plaintiff fell in a tree well, which is not considered to be part of a sidewalk for purposes of Administrative Code § 7-210. The Supreme Court denied the motion.

A tree well does not fall within the definition of “sidewalk” as that term is defined by section 7-210 of the Administrative Code and thus, “section 7-210 does not impose civil liability on property owners for injuries that occur in city-owned tree wells” … .

Here, the [defendant] established its prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff fell in a tree well, not any part of the surrounding sidewalk, and that it had no duty to maintain the tree well, as that tree well was owned by the City of New York … . In opposition, the plaintiff failed to raise a triable issue of fact. Newkirk v City of New York, 2015 NY Slip Op 04620, 2nd Dept 6-3-15