Frequent questions of New York City law about sidewalk injuries
General legal information. Not legal advice.
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Questions to try
- Who is liable for a defective sidewalk in NYC?The owner of the property next to the sidewalk, under Administrative Code § 7-210, and the City's release from liability.
- Who was liable before 2003?The same question as of 2002: the City was, if it had prior written notice of the defect.
- Is the owner liable for a tree well?Tree wells are not "sidewalk" under § 7-210 (Vucetovic v Epsom Downs).
- Does the owner-occupied exemption apply?The exemption for owner-occupied one- to three-family homes, and a 2026 case, not yet fully verified, on what "owner occupied" means.
- Is the City liable if it created the defect?The exception to the prior-written-notice rule when the City's own work caused the defect.
- What is a Big Apple map?When a Big Apple map counts as written notice to the City (Katz v City of New York).
- How long do I have to file a notice of claim?90 days to file a notice of claim, and one year and 90 days to sue (General Municipal Law §§ 50-e and 50-i).
- Is a small defect too trivial to sue over?There is no minimum-height rule; courts look at all the circumstances (Trincere, Hutchinson).
Why you can check it
- Quoted word for word. Every answer quotes the statute or court decision it relies on and links to the source.
- Dated. Each rule shows when it took effect and when it stopped applying, so you can see the law on the date that matters to you.
- Open about its limits. If a question is outside what is covered, or a record is not fully verified, the page says so. No record has yet been reviewed by a New York lawyer.
What's covered
Who is liable when a pedestrian is hurt by a defective public sidewalk in New York City (Administrative Code §§ 7-210, 7-201(c), and 19-152), the rule before 2003, the notice-of-claim and lawsuit deadlines for claims against the City (General Municipal Law §§ 50-e and 50-i), and the leading court decisions.
Dataset 2026.10.25: 22 propositions, 6 authorities, 13 cases. 3 records not yet fully verified. What is and isn't covered.
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Propositions
- "Owner occupied" means regular residential occupancy, not primary residence UNVERIFIED CANDIDATE 2003-09-14 to present
- A defendant claiming a trivial defect must show it first VERIFIED
- A notice of claim must be served within 90 days VERIFIED
- A tort action against a city must start within one year and 90 days VERIFIED
- Abutting owners are liable for injuries from unsafe NYC sidewalks, including flags and snow and ice VERIFIED 2003-09-14 to present
- Abutting owners must keep NYC sidewalks reasonably safe VERIFIED 2003-09-14 to present
- Before September 14, 2003, liability for NYC sidewalk defects generally rested with the City VERIFIED … to 2003-09-13
- Big Apple maps can serve as prior written notice; the latest map controls VERIFIED
- City-owned tree wells are not "sidewalk" under § 7-210 VERIFIED 2003-09-14 to present
- Common-law rule: abutting owners are liable only in four situations VERIFIED
- Constructive notice does not satisfy a prior-written-notice law VERIFIED
- Owner-occupied one- to three-family homes are exempt from § 7-210(b) liability VERIFIED 2003-09-14 to present
- Owners must install and repair abutting sidewalk flags at their own cost VERIFIED
- Personal injury actions must generally be commenced within three years VERIFIED
- Prior-written-notice laws have only two exceptions VERIFIED
- Section 7-210 does not shift liability for the City's own affirmative negligence VERIFIED 2003-09-14 to present
- Section 7-210 is strictly construed VERIFIED 2003-09-14 to present
- Since 2003 the City is generally not liable for failing to maintain sidewalks VERIFIED 2003-09-14 to present
- Suing the City over a sidewalk defect requires prior written notice VERIFIED
- The § 7-210 duty is nondelegable, including for out-of-possession owners VERIFIED 2003-09-14 to present
- The affirmative-negligence exception requires work that immediately creates the danger VERIFIED
- There is no minimum size for an actionable defect VERIFIED
Authorities
- NY CPLR 214: Actions to be commenced within three years VERIFIED
- NY General Municipal Law § 50-e: Notice of claim VERIFIED
- NY General Municipal Law § 50-i: Presentation of tort claims; commencement of actions VERIFIED
- NYC Administrative Code § 19-152: Duties and obligations of property owner with respect to sidewalks and lots VERIFIED
- NYC Administrative Code § 7-201(c): Prior written notice of defective streets and sidewalks (the Pothole Law) VERIFIED
- NYC Administrative Code § 7-210: Liability of real property owner for failure to maintain sidewalk in a reasonably safe condition VERIFIED 2003-09-14 to present
Cases
- Katz v City of New York, 87 NY2d 241 (1995) VERIFIED 1995-12-28
- Hausser v Giunta, 88 NY2d 449 (1996) VERIFIED 1996-05-02
- Trincere v County of Suffolk, 90 NY2d 976 (1997) VERIFIED 1997-10-21
- Amabile v City of Buffalo, 93 NY2d 471 (1999) VERIFIED 1999-06-08
- Oboler v City of New York, 8 NY3d 888 (2007) VERIFIED 2007-03-22
- Yarborough v City of New York, 10 NY3d 726 (2008) VERIFIED 2008-02-07
- Vucetovic v Epsom Downs, Inc., 10 NY3d 517 (2008) VERIFIED 2008-06-03
- Harakidas v City of New York, 86 AD3d 624 (2d Dept 2011) VERIFIED 2011-07-26
- Hutchinson v Sheridan Hill House Corp., 26 NY3d 66 (2015) VERIFIED 2015-10-20
- Zorin v City of New York, 137 AD3d 1116 (2d Dept 2016) VERIFIED 2016-03-23
- Xiang Fu He v Troon Mgt., Inc., 34 NY3d 167 (2019) VERIFIED 2019-10-24
- Landberg v City of New York, 2026 NY Slip Op 03433 (2d Dept 2026) UNVERIFIED CANDIDATE 2026-06-03
- Mantinaos v City of New York, 2026 NY Slip Op 03957 (2d Dept 2026) UNVERIFIED CANDIDATE 2026-06-24