Owner-Occupant Not Responsible for Sidewalk Repair

May 31, 2010

LVT Number: #22680

Pedestrian sued the City of New York and landlord after an accident on the sidewalk in front of landlord’s building. The court dismissed the complaint against landlord without a trial. Pedestrian appealed and lost. City law has an exemption from liability for owners of one-, two-, or three-family residences that are at least partly owner-occupied and used exclusively for residential purposes. Landlord qualified since he lived in the building, did not use any portion of it for a home office, and didn’t claim any income tax deduction.

Pedestrian sued the City of New York and landlord after an accident on the sidewalk in front of landlord’s building. The court dismissed the complaint against landlord without a trial. Pedestrian appealed and lost. City law has an exemption from liability for owners of one-, two-, or three-family residences that are at least partly owner-occupied and used exclusively for residential purposes. Landlord qualified since he lived in the building, did not use any portion of it for a home office, and didn’t claim any income tax deduction. At most, landlord may occasionally use a laptop computer there for research, but this was incidental to his residential use of the property.

Coogan v. City of New York: NYLJ, 5/27/10, p. 32, col. 1 (App. Div. 1 Dept.; Tom, JP, Sweeny, Moskowitz, DeGrasse, Manzanet-Daniels, JJ)

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