Smith v. 125th Street Gateway Ventures, LLC

Order, Supreme Court, New York County (Karen S. Smith, J.), entered March 2, 2009, which, inter alia, granted the motion of defendant/third-party plaintiff 125th Street Gateway Ventures, LLC for summary judgment dismissing plaintiff’s complaint and all cross claims, unanimously affirmed, without costs.

Supreme Court properly dismissed plaintiffs complaint, since a city sign or signpost is not part of the “sidewalk” for purposes of section 7-210 of the Administrative Code of the City of New York, which imposes tort liability on property owners who fail to maintain city-owned sidewalks in a…