Callan v. City of New York

OPINION OF THE COURT

Allen Hurkin-Torres, J.

Section 7-210 of the Administrative Code of the City of New York, which became effective on September 14, 2003, shifted liability for accidents occurring on New York City sidewalks to the owners of the property abutting the sidewalk. The question presented here is whether a private property owner is responsible for an accident occurring in a tree well located on the sidewalk. While no appellate court has ruled on the issue,1 and one trial level court in an unreported decision has found that liability remains with the City of New York,2 for the…