Michelle P. Quinn in Building Operations For HABITAT Magazine

Michelle P. Quinn is a partner at the law firm Gallet Dreyer & Berkey. The statements and views in this article, which appeared in the February issue of Habitat magazine, are her own and not necessarily those of the firm.

Co-op and condo boards cannot afford to forget one of the more curious aspects of running a building in New York City: While the city owns most of the sidewalks, it isn’t responsible for taking care of them. A recent court case illustrates why boards cannot sidestep their duty to maintain all sidewalks adjacent to their buildings.

In August 2017, a seemingly ordinary summer day turned into a major event for one unfortunate pedestrian — and into a long-running legal saga for the Jamaica East Condominium. Maria Valleda tripped and fell on the sidewalk adjacent to Jamaica East. She briefly lost consciousness and suffered a broken toe. The incident spurred her to take legal action, and she did so in 2018, filing a personal-injury suit against the condominium, Villeda v. Bd. of Mgrs. of Jamaica East Condo.

As the legal showdown unfolded, Valleda filed a motion for summary judgment, honing in on the defendant’s liability for its failure to maintain and promptly repair an uneven sidewalk adjacent to the condominium. Under the New York City administrative code, a property owner has an ongoing obligation to maintain the public sidewalk that abuts its property.

The condominium wasn’t going down without a fight, however. It claimed that the sidewalk’s condition was “open and obvious,” suggesting that it was the pedestrian’s responsibility to take care. The court quickly debunked this notion, emphasizing that the issue of whether a condition is obvious did not, in anyway, excuse the condominium from its duty to comply with its ongoing obligation to maintain the public sidewalk.

The courtroom battle intensified when the condominium sought to shift liability onto the contractor it had hired for repairs prior to Valleda’s fall. The court deemed this argument futile, ruling that the duty to maintain the sidewalk could not be outsourced to a third party. This left the condominium solely accountable for the maintenance of the sidewalk. Adding fuel to the fire, the condo board’s president admitted during her deposition that the association had noticed the tripping hazard of the sidewalk. Not exactly a winning hand.

With the cards laid bare, the decisive moment arrived. In 2023, the court granted summary judgment in favor of Valleda, holding the condominium liable for its failure to reasonably maintain the hazardous sidewalk, which had caused her injuries. After nearly five years, the case can now move to trial, with the issue of comparative fault, if any, and damages to be determined at that time.

This legal saga serves as a reminder for co-op and condo boards that property owners bear not only the responsibility for their buildings but also for the safety of the adjacent public sidewalks. This crucial duty cannot be delegated or brushed aside. Regular and thorough inspections, coupled with prompt repairs, are paramount in limiting the risk of personal-injury claims. This story underscores another crucial point: No matter how obvious a hazardous condition might appear, it doesn’t absolve property owners from their duty. The safety and well-being of pedestrians cannot be compromised.