Con Ed Responsible for Defect in Sidewalk Grate

A pedestrian sued landlord and Con Edison after tripping over a metal grating in the sidewalk in front of landlord’s building. Landlord claimed that it wasn’t responsible and asked the court to dismiss the case without a trial. The court ruled against landlord, which appealed and won. NYC Department of Transportation Highway Rule 34, governing the maintenance and repair of sidewalk grates, places the responsibility for maintenance and repair on the owner of the grating. Since Con Edison owned the grating in question, it was responsible for maintaining the sidewalk grate in a reasonably safe condition. Landlord wasn’t responsible, and a trial was needed to determine whether Con Ed failed to maintain the grate properly.

Hurley v. Related Management Company: NYLJ, 6/24/10, pg. 36, col. 2 (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Sweeny, Freedman, Abdus-Salaam, JJ)