Brooklyn Sidewalk Fall: Filing Under NYC § 7-210 & the 90-Day Notice Rule - Samantha Kucher

From Kucher Law Group – Brooklyn Sidewalk Fall: Filing Under NYC § 7-210 & the 90-Day Notice Rule examines the legal complexities facing victims of sidewalk accidents in New York City. This episode explores how NYC Administrative Code § 7-210 places the responsibility for sidewalk maintenance on property owners, not the City, and why failing to act within the 90-day Notice of Claim period can jeopardize your right to compensation. Drawing directly from the article Brooklyn Sidewalk Fall: Filing Under NYC § 7-210 & the 90-Day Notice Rule, we break down what every Brooklyn resident should know about liability, deadlines, and the critical first steps after a fall.

Listeners will learn how the Sidewalk Law, enacted in 2003, shifted responsibility from the City of New York to adjacent property owners, and what constitutes a dangerous condition—such as broken slabs, icy patches, or improper slopes. We also discuss the non-delegable duty of landlords in Brooklyn, and how legal precedent from Xiang Fu He v. Troon Management, Inc. makes property owners responsible even when sidewalk maintenance is assigned to tenants or management companies.

The podcast further explains when the City of New York remains liable—such as in cases involving one- to three-family, owner-occupied residential properties—and how nuanced exceptions like the special use doctrine or shared defects between neighboring properties can create multi-party liability. We’ll also highlight the difference in notice requirements when filing against the City versus a private owner, especially the need for prior written notice in municipal claims, as clarified by decisions like Vucetovic v. Epsom Downs, Inc. and Sangaray v. West River Associates.

Finally, we offer actionable steps for anyone injured in a Brooklyn sidewalk fall, from documenting the scene to preserving evidence and meeting strict legal deadlines under New York General Municipal Law § 50-e. With insights from Kucher Law Group attorneys Samantha Kucher, Michael Roitman, and Alex Rybakov, this episode empowers victims with the knowledge they need to protect their rights and pursue fair compensation. Whether you’re a property owner, tenant, or pedestrian, this is an essential listen for navigating sidewalk injury claims in Brooklyn.

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