| Fernandez v Highbridge Realty Assoc. |
| 2008 NY Slip Op 02015 [49 AD3d 318] |
| March 11, 2008 |
| Appellate Division, First Department |
| Jonathan Fernandez, an Infant, by His Mother and NaturalGuardian, Ana Fernandez, et al., Appellants, v Highbridge Realty Associates et al.,Respondents. |
—[*1] Maroney O'Connor LLP, New York City (Thomas J. Maroney of counsel), for HighbridgeRealty Associates and United Property Services, Inc., respondents. Fiedelman & McGaw, Jericho (James K. O'Sullivan of counsel), for P & M ManagementRealty Corp., respondent.
Order, Supreme Court, Bronx County (Stanley Green, J.), entered December 1, 2006, whichgranted defendants' motions for summary judgment dismissing the complaint, unanimouslyaffirmed, without costs.
Summary judgment was properly granted to defendant building owners in this action whereplaintiff was injured when, while descending a multiple-flight stairway owned by the City ofNew York and running between two avenues, a loose stair wobbled and caused him to fall.Although Administrative Code of the City of New York § 7-210 requires owners of realproperty to maintain abutting sidewalks in a reasonably safe condition, the section does notdefine "sidewalk," and, viewing the legislative history of the section, we find that the definitionof "sidewalk" set forth in Administrative Code § 19-101 (d), which does not encompassthe subject multiple-flight stairway, should govern (see also Vucetovic v Epsom Downs, Inc., 45 AD3d 28 [2007]). Thedefinition of "sidewalk" in Administrative Code § 7-201 (c) (1) (b), urged by plaintiffs andwhich includes "step[s] and stairway[s]," applies by its terms only "[a]s used in this subdivision,"and addresses the requirement in actions against the City for prior written notice of a defect to theCity.
We further note that the record evidence establishes that even following the enactment of[*2]Administrative Code § 7-210, the City has continued toexercise control over the subject stairway, including snow removal and making repairs.Concur—Tom, J.P., Buckley, Sweeny and Moskowitz, JJ.