Mantinaos v City of New York, 2026 NY Slip Op 03957 (2d Dept, June 24, 2026)
In New York City, responsibility for a defective sidewalk usually falls on the owner of the abutting property — not the City. But the law carves out a famous exception for small homes, and Mantinaos is a fresh reminder from the Second Department that the exception must be proven, not presumed.
The statutory backdrop
Administrative Code of the City of New York § 7-210 shifts sidewalk-maintenance liability from the City to the owner of the abutting real property. Subsection (b), however, exempts one-, two-, or three-family residential property that is, in whole or in part, owner occupied and used exclusively for residential purposes. For those small homes, the older rule survives and the City generally retains responsibility for the sidewalk.
The exemption exists to protect ordinary homeowners — the legislature didn't want a family in a rowhouse carrying the same sidewalk burden as a commercial landlord. But it has conditions, and the property owner claiming it carries the burden.
What the court decided
The defendants owned the property — a one-family home — and moved for summary judgment on the strength of the § 7-210(b) exemption. The Supreme Court granted that branch of the motion. The Second Department reversed:
"The Supreme Court should have denied that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against them. The defendants failed to establish, prima facie, that they were entitled to the exemption from liability under Administrative Code § 7-210(b). Although the defendants submitted proof that they are the owners of the subject property, which is a one-family home, they failed to eliminate triable issues of fact as to whether the property was 'owner occupied' within the meaning of the statute …"
Proof of ownership answered only half the question. The exemption also demands occupancy — and on that element, the defendants' papers left triable issues of fact. On summary judgment, a gap in the movant's own proof is fatal, no matter how the opposition papers look.
Commentary
Three observations worth carrying into practice:
First, the decision underscores that § 7-210(b) is a conjunctive test. Size of the building, owner occupancy, and exclusively residential use must all be established. Defense papers that document the deed and the certificate of occupancy but say nothing about who actually lives there stop one element short.
Second, "owner occupied" is a factual question, and it belongs to the movant on summary judgment. Where the record is silent — or suggests the owner lives elsewhere, or the home is rented out — the exemption cannot be resolved as a matter of law.
Third, for plaintiffs, this is a discovery roadmap. When a sidewalk defendant invokes the small-home exemption, occupancy is fair game: where do the owners actually reside, who collects mail there, whose name is on the utilities, is any part rented?
Practice point: build the occupancy record before moving. A deed proves ownership; it says nothing about who sleeps there. An exemption motion should carry an affidavit that the owners reside at the property, backed by the mundane paper of daily life — license, tax filings, utility bills. A motion that proves the deed but not the doorstep invites exactly the reversal that happened here.
What this means for you
In plain English: if you tripped on a broken sidewalk in front of a house, don't assume the homeowner is off the hook — and if you own a small home, don't assume you're automatically protected.
- For injured people: the "small home exemption" only applies when the owner actually lives in the building (and it's purely residential). A house owned by an absentee landlord, an LLC, or someone who rents it out may enjoy no exemption at all — the owner may bear full responsibility for that sidewalk.
- For homeowners: if you live in your one-, two-, or three-family home, the exemption is a powerful shield — but if you move out and rent it, the sidewalk in front becomes your legal responsibility, including snow, ice, and repairs. Many small landlords learn this only after someone falls.
Who is responsible for a sidewalk injury in New York City is rarely as obvious as it looks from the curb. It's a question of statutes, deeds, and facts — the kind of question worth putting to a lawyer early.
This case note is attorney commentary for general information — it is not legal advice about your situation. Every case turns on its own facts.