St. Jacques v. City of New York
Cases that cite this one
57 later published cases cite this decision. The 25 that cite it most often are listed here.
- Galapo v. City of New York (N.Y. 2000)
- Ralph v. Federal Home Loan Mortgage Corp. (District Court, S.D. New York 1996)
- People v. Wilkins (Appellate Division of the Supreme Court of New York 2019)
- Allison Gammons v. City of New York (N.Y. 2014)
- Gonzalez v. Iocovello (N.Y. 1999)
- Jackson v. City of New York (Appellate Division of the Supreme Court of New York 1997)
- Cosgriff v. City of New York (Appellate Division of the Supreme Court of New York 1997)
- Shepherd v. Werwaiss (District Court, E.D. New York 1996)
- People v. McKenzie (Appellate Division of the Supreme Court of New York 2022)
- People v. McKenzie-Smith (Appellate Division of the Supreme Court of New York 2020)
- People v. Gelling (Appellate Division of the Supreme Court of New York 2018)
- People v. Estruch (Appellate Division of the Supreme Court of New York 2018)
- MCKENZIE, DONYELL, PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
- People v. McKenzie (Appellate Division of the Supreme Court of New York 2016)
- People v. McKenzie (Appellate Division of the Supreme Court of New York 2016)
- People v. Rivera (N.Y. 2014)
- People v. Martinez (Appellate Division of the Supreme Court of New York 2009)
- People v. Finley (Appellate Division of the Supreme Court of New York 2007)
- Matter of Makynli N. (Monroe Family Court 2007)
- People v. Russo (Appellate Division of the Supreme Court of New York 2004)
- People v. Scaccia (Appellate Division of the Supreme Court of New York 2004)
- People v. Clark (Appellate Division of the Supreme Court of New York 2004)
- Herrera v. City of New York (Appellate Division of the Supreme Court of New York 2004)
- People v. Ronchi (Appellate Division of the Supreme Court of New York 2004)
- People v. Davis (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
In support of their General Municipal Law § 205-e causes of action against New York City, plaintiffs relied solely on section 2904 of the New York City Charter and section 19-152 of the Administrative Code of the City of New York. Those provisions, however, concern only the duty of adjacent landowners to repair defective sidewalks or flagstones and the procedures that the City may use to enforce that duty. Neither provision imposes an affirmative duty on the City to keep its sidewalks in good repair.
To the extent that the cited provisions authorize the City to act, the authority is couched in permissive rather than mandatory terms. Administrative Code § 19-152, for example, states that the Commissioner of Transportation "may” enter the property to perform sidewalk repairs and "may” place a lien against the property to recoup the cost of its work. Thus, the cited provisions cannot form a basis for a cause of action under
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.