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Starbucks Has No Sidewalk Liability As Commercial Tenant (NY)
February 23, 2023
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Sidewalk liability lawsuits involving accidents occurring on New York City sidewalks typically involve claims under Administrative Code of the City of New York §7-210, which states in relevant part that “[I]t shall be the duty of the owner of real property abutting any Sidewalk. . . to maintain such sidewalk in a reasonably safe condition.” In cases involving leased commercial properties, courts often evaluate whether tenants also have liability.
In<em> <a href="https://www.wcmlaw.com/wp-content/uploads/2023/02/Choudhry-v.-Starbucks-Corp..pdf">Choudhry v. Starbucks Corp.</a>,</em> the Appellate Division, First Department recently addressed whether Starbucks was obligated to fix an allegedly defective sidewalk adjacent to the property that it leased from co-defendant owner Parkchester. The plaintiff alleged that he tripped and fell due to a dangerous condition on the sidewalk.
In reversing the trial court’s decision to deny Starbucks’ motion for summary judgment, the First Department stated that “[T]here is no question that §7-210 by its terms unambiguously imposes liability upon defendant Parkchester for failure to repair the alleged defect in the sidewalk that cause plaintiff's personal injury.” The Court observed that such a duty "is an affirmative, non-delegable obligation" and that although a landlord can enter into agreements having the tenant perform the work of maintaining the sidewalk, the duty to plaintiff remains exclusively with the landlord.”
The Court then addressed the lease, finding that there was no obligation for Starbucks to make any sidewalk repairs. The Court added that even if the lease imposed a duty on Starbucks, they would not owe the plaintiff a duty as he would be a third-party to the agreement.
This decision serves as a reminder that when defending cases involving 7-210, landlords will retain a non-delegable duty to maintain adjacent sidewalks although commercial tenants may liability based on a contractual obligation to do so. The wording of the lease can be crucial and should be evaluated to determine whether a tenant has potential contractual liability.
Thank you to Corey Morgenstern for his contribution to this post. Please contact<a href="agibbs@wcmlaw.com"> Andrew Gibbs</a> with any questions.