DSB successfully moved for summary judgment on behalf of a commercial tenant in a trip and fall accident. Plaintiff alleged she tripped and fell on an unlevel sidewalk abutting a neighboring property’s ramp. DSB argued under the terms of the applicable lease, the commercial tenant was not required to maintain the area where plaintiff allegedly fell. Arguing as well, under § 7-210 of the New York City Administrative Code, real property that abuts any sidewalk is the duty of the owner and a tenant is not affirmatively charged with a duty to maintain the sidewalk. Furthermore, 911 transcripts obtained demonstrated that Plaintiff’s accident occurred in front of the neighbor’s property. Following oral argument, the Kings County Supreme Court dismissed plaintiff’s complaint and all cross claims asserted against DSB’s client.
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