Landlord Responsible for Sidewalk Defect

Pedestrian sued landlord for negligence after he slipped and fell on a sidewalk slab that had been pushed up by the roots of a nearby tree. Landlord claimed that it wasn't responsible for sidewalk damage caused by the tree and that, in any event, the change caused to the sidewalk grade by the tree roots was minor. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. The New York City Sidewalk Law of 2003 placed a duty on landlord to repair or replace a sidewalk flag that caused a hazard because it was one-half inch or more higher or lower than the surrounding portions of sidewalk. Here, the sidewalk flag had been pushed up at least one-half inch by the tree roots. So landlord was responsible under the Sidewalk Law.

Moore v. Newport Associates LP: NYLJ, 7/3/07, p. 25, col. 3 (Sup. Ct. Kings; Kramer, J)