Discarded Mattress Blocked Sidewalk

The DOS issued a violation notice to landlord for a sidewalk obstruction because a large mattress was blocking the sidewalk in front of landlord's building. Landlord claimed that the mattress had been put out for garbage collection by the owner of the building next door. But, the DOS wouldn't take it because of its size. Later that morning a passerby moved the mattress slightly so that it now sat in front of landlord's building. The ALJ wouldn't revoke the citation and fined landlord $50. Landlord appealed, and submitted a written statement by the next-door owner acknowledging that the mattress had been in front of the other building. The ECB denied landlord's appeal. Landlord was responsible for keeping the sidewalk in front of his building clear.

City of New York v. Sassouni: ECB App. No. 9748 (2/27/91) [2-page document]