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Smith v. 125th St. Gateway Ventures

Appellate Division of the Supreme Court of New York, First Department
Jul 1, 2010
75 A.D.3d 425 (N.Y. App. Div. 2010)

Summary

In Smith v. 125th Street Gateway Ventures, LLC, 75 A.D.3d 425, 903 N.Y.S.2d 231, the Appellate Division, First Department held that “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.” Thus, a City signpost for a bus stop would therefore not be a part of the sidewalk, for purposes of Administrative Code § 7–210.

Summary of this case from Bednark v. City of N.Y.

Opinion

No. 3207.

July 1, 2010.

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 plaintiffs complaint and all cross claims, unanimously affirmed, without costs.

Lester R. Hill, New York, for appellant.

Callan, Koster, Brady Brennan, LLP, New York (David A. LoRe of counsel), for 125th Street Gateway Ventures, LLC, respondent.

Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), for municipal respondent.

Before: Concur — Mazzarelli, J.P., Renwick, Freedman, Richter and Abdus-Salaam, JJ.


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 reasonably safe condition ( see Vucetovic v Epsom Downs, Inc., 10 NY3d 517; King v Alltom Props., Inc., 16 Misc 3d 1125[A], 2007 NY Slip Op 51570[U] [Kings County 2007]; Calise v Millennium Partners, 26 Misc 3d 1222[A], 2010 NY Slip Op 50208[U] [NY County 2010]).

Moreover, defendant established prima facie, through the deposition testimony of plaintiff, its own witness and the city witnesses, that it did not cause or create the metal protrusion from the sidewalk, nor did it participate in the repair and/or removal of same. Plaintiff offered only speculative evidence to the contrary.


Summaries of

Smith v. 125th St. Gateway Ventures

Appellate Division of the Supreme Court of New York, First Department
Jul 1, 2010
75 A.D.3d 425 (N.Y. App. Div. 2010)

In Smith v. 125th Street Gateway Ventures, LLC, 75 A.D.3d 425, 903 N.Y.S.2d 231, the Appellate Division, First Department held that “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.” Thus, a City signpost for a bus stop would therefore not be a part of the sidewalk, for purposes of Administrative Code § 7–210.

Summary of this case from Bednark v. City of N.Y.

abutting landowner not liable for plaintiff's injuries allegedly sustained as result of tripping on a broken portion of City signpost embedded in sidewalk

Summary of this case from Holder v. F.M. Ring Assoc. Inc.
Case details for

Smith v. 125th St. Gateway Ventures

Case Details

Full title:LORRAINE SMITH, Appellant, v. 125TH STREET GATEWAY VENTURES, LLC…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 1, 2010

Citations

75 A.D.3d 425 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5873
903 N.Y.S.2d 231

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