Doyley v. Steiner

In Doyley v. Steiner, 107 A.D.3d 517 (1st Dept 2013), the Court held that building owners have enough control over shunts to be held liable for their negligence in maintaining shunts and the sidewalks where shunts are placed. In Dayley, the First Department held that shunts, the electrical cables that shunt boards are designed to temporarily cover, were not "electrical equipment" or "electrical apparatus" and therefore were not governed by 34 RCNY 2-20(a)(2), which prohibits unauthorized persons from repairing or working within three feet of electrical equipment, or 34 RCNY 2-20(a)(7), which prohibits unauthorized persons from interfering with electrical apparatus. Doyley, 107 A.D.3d at 518-19. Moreover, the court held that 34 RCNY 2-20(b)(7) and 2-05(d)(17), which require shunts to be protected and ramped, do not give utilities "exclusive control over sidewalk shunts." Id. The court further held that even if these rules applied, "nothing in the rules appears to have prohibited the property owners from taking steps to warn pedestrians about the hazards posed by the shunts in a manner that did not involve working within three feet of them or 'interfering' with them in any respect." Id. at 519.