Bi Fang Z. slipped and fell on a layer of ice covered with snow on a sidewalk in front of 131 Christie Street Realty’ Corp.’s property. When she later filed suit, the New York County Supreme Court granted the owner’s request to have the case thrown out.
In its unanimous decision on appeal, the Appellate Division, First Department, found that because snow continued to fall as late as 11 p.m., the day prior the mishap, the owner had until 11:00 a.m. to remove the accumulation from its sidewalk--per New York City Administrative Code § 16-123(a). As Bi Fang’s accident occurred within that "window," Christie Street Realty was entitled to relief in its favor as a matter of law.
That the landlord may not have complied with the provisions of its lease or sublease, requiring it to keep the sidewalks clear of snow and ice, didn’t trigger liability because the agreement didn’t create or impose a “higher standard of care.”
Go sink your teeth into that!
To view a copy of the Appellate Division’s decision, please use this link: Bi Fang Z. v 131 Chrystie St. Realty Corp.