Fernandez v Highbridge Realty Assoc.

Fernandez v Highbridge Realty Assoc. 2008 NY Slip Op 02015 [49 AD3d 318] March 11, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 14, 2008

Jonathan Fernandez, an Infant, by His Mother and Natural Guardian, Ana Fernandez, et al., Appellants,
v
Highbridge Realty Associates et al., Respondents.

—[*1] Trolman, Glaser & Lichtman, P.C., New York City (Michael T. Altman of counsel), for appellants.

Maroney O'Connor LLP, New York City (Thomas J. Maroney of counsel), for Highbridge Realty Associates and United Property Services, Inc., respondents.

Fiedelman & McGaw, Jericho (James K. O'Sullivan of counsel), for P & M Management Realty Corp., respondent.

Order, Supreme Court, Bronx County (Stanley Green, J.), entered December 1, 2006, which granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly granted to defendant building owners in this action where plaintiff was injured when, while descending a multiple-flight stairway owned by the City of New 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 real property to maintain abutting sidewalks in a reasonably safe condition, the section does not define "sidewalk," and, viewing the legislative history of the section, we find that the definition of "sidewalk" set forth in Administrative Code § 19-101 (d), which does not encompass the subject multiple-flight stairway, should govern (see also Vucetovic v Epsom Downs, Inc., 45 AD3d 28 [2007]). The definition of "sidewalk" in Administrative Code § 7-201 (c) (1) (b), urged by plaintiffs and which 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 the City.

We further note that the record evidence establishes that even following the enactment of [*2]Administrative Code § 7-210, the City has continued to exercise control over the subject stairway, including snow removal and making repairs. Concur—Tom, J.P., Buckley, Sweeny and Moskowitz, JJ.