New York Court of Appeals

Daniel St. Jacques v. City of New York, Respondent Larry J. Wiltbank v. City of New York

June 6, 199688 N.Y.2d 920

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that the cited provisions of the City Charter and Administrative Code do not impose an affirmative duty on the City to repair sidewalks and therefore cannot support a General Municipal Law §205-e claim. The court reasoned that the statutes grant only permissive authority, not mandatory obligations.