I am the owner of a one family home in Brooklyn, New York. I use my home primarily as a single family residence though at times I do some occasional internet sales from my home. If someone falls on the sidewalk in front of my home due to a defective sidewalk flag, do I lose my residential purposes exemption from liability because I do not use the home “exclusively” as a residence?
A private one family home which is owner occupied and used exclusively as a residence is entitled to a residential use exemption and is normally not liable for defects in the abutting sidewalk.
If the owner uses the residence for commercial activity which is “incidental or occasional” courts have determined that they do not lose their exemption and the City of New York remains legally responsible for the sidewalk maintenance. The extent of your commercial activities will be determinative as to whether you will lose the residential use exemption.