David M Godosky

April 04, 2019 | New York Law Journal

Should the Court of Appeals wish to hold that tenants may also have a duty to third parties for the failure to maintain the sidewalk under a contractual agreement, in its application or expansion of 'Espinal', it is, of course, free to do so. However, to allow an owner, even an out-of-possession owner, to be relieved of its statutory duty and pass it completely to a third party is anathema to the statutory language and intent of Administrative Code §7-210 and would undoubtedly make our City's sidewalks less safe.

By David M. Godosky

8 minute read