North Shore Towers Courier n October 2013 5 Pre-Season SALE For the nest selection of fur coats, shearlings, Leathers, accessories and more. Also specializing in restyling & repair, storage, cleaning and glazing. Trade-ins available BARBATSULY FURS OF GARDEN CITY NEW YORK 1046 Franklyin Avenue, Garden City • 516.742.8280 • barbatsulyfurs.com GREENTHAL Property Sales, Inc./Property Management 272-40 Grand Central Pkwy. Floral Park, NY 11005 (718) 423-3130/(718) 423-3335 Fax: (718) 279-0162 www.nstowers.com et them at Chase before you go. G Our commitment to the community is matched only by our commitment to our customers. JPMorgan Chase Bank/Member FDIC ❍ Savings/Checking ❍ Safe Deposit ❍ Banking Cards ❍ Retirement Planning ❍ Credit Solutions ❍ Tax Advantage Investing Hardy Singh (718) 423-4342 Legally Speaking By: Scott Baron, Attorney at Law TRIPPING ON THE SIDEWALK Q: In New York City, in an area of the sidewalk near a fire hydrant, my foot became caught. I tripped and fell. This area is a rectangular depression with an irregular asphalt surface, the size of a sidewalk flag. In it, close to one edge, next to the curb, is this fire hydrant. In the past, the City had repaired the hydrant, and refilled the excavation with blacktop, but the sidewalk was never really smooth after that. The depression is located directly in front of a commercial store. Who is reasonable for the maintenance of the sidewalk? The City or the Commercial store owner? A: In New York City, a statute shifts tort liability from the City to a commercial property owner for personal injuries proximately caused by the owner’s failure to maintain a sidewalk abutting its premises in a reasonably safe condition. That statute seems to apply to the area at issue here, lying between the curb line and the property line and intended for the use of pedestrians. At first glance, this defect in the sidewalk squarely falls within the definition of a substantial defect which is the property owner’s duty to repair. However, the statute does not impose strict liability upon a property owner, and you have the obligation to prove the elements of negligence to demonstrate that the owner is liable. Moreover, the owner will doubtless contend that, notwithstanding its duty to maintain the sidewalk in a reasonably safe condition, the statute does not shift tort liability where the sole proximate cause of the injury is a defect created by the City’s affirmative act of negligence. From all this, it appears that both the owner and the City will remain as defendants, well past the summary judgment stage. Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice Copyright © 2013 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Avenue, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878
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