N.Y. ADC. LAW § 7-210 : NY Code - Section 7-210: Liability of real property owner for failure to maintain sidewalk in a reasonably safe condition
Search N.Y. ADC. LAW § 7-210 : NY Code - Section 7-210: Liability of real property owner for failure to maintain sidewalk in a reasonably safe condition
a. It shall be the duty of the owner of real property abutting any sidewalk, including, but not limited
to, the intersection quadrant for corner property, to maintain such
sidewalk in a reasonably safe condition.
b. Notwithstanding any other provision of law, the owner of real
property abutting any sidewalk, including, but not limited to, the
intersection quadrant for corner property, shall be liable for any
injury to property or personal injury, including death, proximately
caused by the failure of such owner to maintain such sidewalk in a
reasonably safe condition. Failure to maintain such sidewalk in a
reasonably safe condition shall include, but not be limited to, the
negligent failure to install, construct, reconstruct, repave, repair or
replace defective sidewalk flags and the negligent failure to remove
snow, ice, dirt or other material from the sidewalk. This subdivision
shall 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.
c. Notwithstanding any other provision of law, the city shall not be
liable for any injury to property or personal injury, including death,
proximately caused by the failure to maintain sidewalks (other than
sidewalks abutting 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) in a reasonably safe condition.
This subdivision shall not be construed to apply to the liability of the
city as a property owner pursuant to subdivision b of this section.
d. Nothing in this section shall in any way affect the provisions of
this chapter or of any other law or rule governing the manner in which
an action or proceeding against the city is commenced, including any
provisions requiring prior notice to the city of defective conditions.
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