In Flynn v. City of New York, 84 AD3d 1018 [2d Dept 2011], lv denied 17 N.Y.3d 709 [2011] plaintiff tripped and fell upon stepping into a sunken and depressed gate box, which housed a fire hydrant's valve (id. at 1019). Plaintiff sued both the City and the owner of the property that abutted the sidewalk upon which plaintiff had fallen (id.). In granting summary judgment to the abutting property owner, the court noted that because there is nothing in Section 7-210 of the Administrative Code of the City of New York indicating that the City Council intended to supplant the provisions of 34 RCNY 2-07(b) [which provisions require, along with 34 RCNY 2-01, that owners of covers or gratings on a street are responsible for monitoring the condition of the covers and gratings and the area extending 12 inches outward from the perimeter of the hardware, and for ensuring that the hardware is flush with the surrounding street surface] and to allow a plaintiff to shift the statutory obligation of the owner of the cover or grating to the abutting property owner (id. at 1019), defendant, the abutting property owner, was not liable to plaintiff for the defectively maintained gate box (id.). The Appellate Division held that "there is nothing in [Admin. Code 7-210] indicating that the City Council intended to supplant the provisions of 34 RCNY 2-07(b) and to allow a plaintiff to shift the statutory obligation of the owner of the cover or grating to the abutting property owner." Id., at 1019. DOT Rule 2-07 (b) provides that owners of covers or gratings on streets are responsible for monitoring the condition of the covers or gratings and the area extending 12 inches outward therefrom, and for ensuring that the hardware is flush with the surrounding street surface.