Weiser v. City of New York

In Weiser v. City of New York, 5 AD2d 702 (2d Dept 1957), affd 7 NY2d 811 (1959) the Appellate Division held that the existence of a surveyor's monument constituted a special use by the City which imposed on it a duty to repair the hole or break in the cement next to the monument. In finding that the City had "continuing and exclusive control" of sidewalks within a three foot radius of such monuments, the Appellate Division cited to Admin. Code 82d7-23.0 - 82d7-25.0, the predecessor statute to Admin. Code 3-508.