Can You Sue for an Uneven Sidewalk in New York?

Liability depends on who controls the sidewalk. Under New York City Administrative Code § 7-210, property owners — not the City — are generally responsible for maintaining the sidewalk abutting their building and can be sued if they negligently failed to repair a dangerous condition. However, if the City owns the property (e.g., in front of a city-owned building), the municipality may be liable instead.

Yes. If New York City is a defendant, you must file a Notice of Claim within 90 days of the accident under General Municipal Law § 50-e. Missing this deadline generally bars your claim against the City entirely. Claims against private property owners do not require a Notice of Claim, but they do have their own deadlines.

For claims against a private property owner, you have three years from the date of injury under CPLR § 214. For claims against New York City or another municipality, the effective deadline is much shorter — you must file the Notice of Claim within 90 days and then commence the lawsuit within one year and 90 days of the accident.

You must show that the property owner or responsible party had actual or constructive notice of the dangerous condition — meaning they either knew about the defect or it existed long enough that they should have discovered and repaired it. You also need to establish that the defect was the proximate cause of your fall and that you suffered damages as a result. Photographs, 311 complaint records, and witness statements are often key evidence in these cases.