. "In 2003, the New York City Council enacted section 7-210 of the Administrative Code of the City of New York to shift tort liability for injuries resulting from defective sidewalks from the City to abutting property owners" (Zak v City of New York, 192 A.D.3d 734, 735). "Administrative Code § 7-210 directs landowners to maintain their abutting sidewalks in a reasonably safe condition" (Brachfield v Sternlicht, 202 A.D.3d 742, 743 [internal quotation marks omitted]). The City Council enacted the provision "as a cost-saving measure, reasoning that it was appropriate to place liability with the party whose legal obligation it is to maintain and repair sidewalks that abut them-the property owners" (Vucetovic v Epsom Downs, Inc., 10 N.Y.3d 517, 521 [internal quotation marks omitted]).

The Supreme Court denied the motion, and the defendant appeals. Administrative Code of the City of New York § 7–210, which became effective September 14, 2003, shifted tort liability for injuries arising from a defective sidewalk from the City to the abutting property owner (seeZak v. City of New York, 192 A.D.3d 734, 735, 139 N.Y.S.3d 836 ; Osipova v. London, 186 A.D.3d 1528, 1529, 131 N.Y.S.3d 82 ). "However, this liability-shifting provision does not apply to ‘one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes’ " ( Castro v. Rodriguez, 176 A.D.3d 1031, 1032, 111 N.Y.S.3d 55, quoting Administrative Code § 7–210[b]; seeMartin v. Newton, 206 A.D.3d 644, 645, 167 N.Y.S.3d 406 ; Rodriguez v. City of New York, 180 A.D.3d 1096, 1097, 121 N.Y.S.3d 334 ).

Administrative Code of the City of New York § 7-210, which became effective September 14, 2003, shifted tort liability for injuries arising from a defective sidewalk from the City to the abutting property owner (see Zak v City of New York, 192 A.D.3d 734, 735; Ospida v London, 186 A.D.3d 1528, 1529). "Section 7-210 of the Administrative Code of the City of New York unambiguously imposes a nondelegable duty on certain real property owners to maintain city sidewalks abutting their land in a reasonably safe condition" (Vasquez v Giandon Realty, LLC, 189 A.D.3d 1120, 1120 [internal quotation marks omitted]).

However, this provision of the Administrative Code does not apply to "one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes" (Administrative Code § 7–210[b]; seeBlaise v. Guleria, 197 A.D.3d at 690, 150 N.Y.S.3d 587 ; Brown v. City of New York, 162 A.D.3d 733, 734–735, 79 N.Y.S.3d 255 ). "The purpose of the exception in the Code is to recognize the inappropriateness of exposing small-property owners in residence, who have limited resources, to exclusive liability with respect to sidewalk maintenance and repair" ( Coogan v. City of New York, 73 A.D.3d 613, 614, 900 N.Y.S.2d 645 ; seeZak v. City of New York, 192 A.D.3d 734, 139 N.Y.S.3d 836 ). Legislative enactments in derogation of the common law which create liability where none previously existed must be strictly construed (seeVucetovic v. Epsom Downs, Inc., 10 N.Y.3d 517, 521, 860 N.Y.S.2d 429, 890 N.E.2d 191 ; Kalajian v. 320 E. 50th St. Realty Co., 154 A.D.3d 528, 529, 62 N.Y.S.3d 345 ).

(Administrative Code § 7-210[b]; see Blaise v Guleria, 197 A.D.3d at 690; Brown v City of New York, 162 A.D.3d 733, 734-735). "The purpose of the exception in the Code is to recognize the inappropriateness of exposing small-property owners in residence, who have limited resources, to exclusive liability with respect to sidewalk maintenance and repair" (Coogan v City of New York, 73 A.D.3d 613, 614; see Zak v City of New York, 192 A.D.3d 734). Legislative enactments in derogation of the common law which create liability where none previously existed