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Non-delegable duty

Legal Framework, Liability & Claims
Non-delegable duty A legal obligation that stays with the responsible party even if the work is assigned to someone else. In NYC, a property owner's duty to maintain the abutting sidewalk cannot be shifted to a tenant or contractor.

Courts interpreting § 7-210 have held that the sidewalk maintenance duty is non-delegable, meaning a lease clause making the tenant responsible for repairs does not protect the owner from an injured pedestrian's lawsuit. The owner may later seek reimbursement from the tenant through indemnification, but the pedestrian's claim runs against the owner first. This is why NYC landlords cannot simply assume a commercial tenant is handling the sidewalk. Regular inspections and prompt repairs by a licensed contractor remain the owner's safest protection regardless of what the lease says.

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