Landlord Not Responsible for Maintaining Curb

December 1, 2010

LVT Number: #23025

A pedestrian sued landlord NYCHA, claiming that he was injured when he slipped and fell on the sidewalk in front of landlord's building. Landlord asked the court to dismiss the case. The court and appeals court ruled for landlord after landlord showed that the pedestrian slipped on the curb in between the sidewalk and the street. NYCHA is required by law only to maintain the sidewalk, which is defined as that portion of the street between the curb lines and the building, but not the curb itself.

A pedestrian sued landlord NYCHA, claiming that he was injured when he slipped and fell on the sidewalk in front of landlord's building. Landlord asked the court to dismiss the case. The court and appeals court ruled for landlord after landlord showed that the pedestrian slipped on the curb in between the sidewalk and the street. NYCHA is required by law only to maintain the sidewalk, which is defined as that portion of the street between the curb lines and the building, but not the curb itself.

Ascencio v. NYCHA: NYLJ, 11/1/10, p. 19, col. 4 (App. Div. 1 Dept.; Saxe, JP, Acosta, Freedman, Richter, Abdus-Salaam, JJ)

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