Lai-Hor Ng Yiu v. Crevatas
33 Misc. 3d 267
| N.Y. Sup. Ct. | 2011Background
- Plaintiff injured on Sept. 23, 2008 by a fall on the sidewalk in front of the Premises at 1616 Putnam Ave., Queens, owned by the Crevatas Family Trust as trustee defendant.
- Premises are a two-family dwelling occupied by Anne Crevatas (life tenant) and her son Raymond; George Crevatas is trustee of the trust.
- Anne Crevatas transferred the property to the trust on Aug. 28, 2008, subject to her life estate; trust agreement assigns powers to trustee, with Anne retaining life tenancy.
- Trust provisions authorize maintenance and expenses but do not alter Anne’s obligation to pay certain costs; trustee may mortgage only with Anne’s consent.
- Administrative Code § 7-210 provides a general duty to maintain sidewalks, with a specific exception for one-, two-, or three-family residences that are owner-occupied and used exclusively for residential purposes.
- Court held Anne, as life tenant, is an owner under § 7-210(b); the property was partially owner-occupied, triggering the exception and shielding defendant as trustee from liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a life tenant qualifies as an owner under § 7-210(b) | Crevatas not an owner; life tenant status disputed | Life tenant is an owner for purposes of § 7-210 | Life tenant is an owner under § 7-210(b) |
| Whether the property is owner-occupied in part to invoke the § 7-210(b) residential exception | Property not owner-occupied by defendant; exception not met | Anne’s life tenancy makes the property owner-occupied in part | Property was in part owner-occupied; exception applies |
| Whether the one-to-three-family owner-occupied exception shields defendant from liability | Exception does not apply to trustee-defendant | Exception applies since property is owner-occupied and used residentially | Exception applied; defendant not liable under § 7-210 |
| Whether plaintiff raised a triable issue on negligent sidewalk maintenance | Evidence of dangerous condition; defendant negligent | No negligent conduct; no fact issue; not liable | No triable issue; defendant entitled to summary judgment |
Key Cases Cited
- Braschi v Stahl Assoc. Co., 74 N.Y.2d 201 (N.Y. 1989) (defines owner to include life tenants for purposes of liability)
- People v Finnegan, 85 N.Y.2d 53 (N.Y. 1995) (statutory interpretation guiding broad ownership concepts)
- Bartoo v Buell, 87 N.Y.2d 362 (N.Y. 1996) (remedial homeowner exception under Labor Law interpreted flexibly)