In Cook v. Consolidated Edison Co. of N.Y., Inc., 51 A.D.3d 447 (1st Dept 2008), where the plaintiff tripped in the gap between two Con Ed shunt boards, the First Department held that the owner of the abutting building was "under a statutory nondelegable duty to maintain the sidewalk" where the shunt boards were placed pursuant to NYCAC 7-210 and that an issue of fact also existed as to whether the placement of the shunt boards constituted a special use of the sidewalk by the owner. Id. at 448.